Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

Executive Committee

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Session 7450: 1895-03-13 10:00:00

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Motion to be Read Twice by Title Before Referring to Committee

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A Proposition to Provide for Pardoning Power

The Delegates of the Constitutional Convention of the Territory of Utah, in convention assembled, do propose as follows:

Section 1. The Governor shall have power to grant pardons, conditional or absolute, to remit fines and forfeitures, and to grant reprieves and commutations of sentence, after conviction and judgement, for all offenses, except treason and cases of impeachment. But no pardon shall be granted nor sentence commuted in cases of felony, except upon the written recommendation of not less than a majority of the Board of Pardons, consisting of the Lieutenant Governor, Secretary of State, and Attorney General, after a full hearing in open session, and until previous notice of the time and place of such hearing and the relief prayed for, shall have been given by publication in some newspaper of general circulation at least once a week for four weeks in the judicial district where the offense was committed. The proceedings and decision of the Board, with the reasons therefor and the objections of any member, and all the papers used upon hearing, shall be filed in the office of the Secretary of State. In cases of conviction for treason, the Governor shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next regular session, when the legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. The Governor shall communicate to the legislature at each regular session every case of pardon, remission of fine, or forfeiture commutation, or reprieve granted, stating the name of the convict, the crime for which he was convicted, the sentence, its date, and the date of the pardon, remission, commutation, or reprieve, with the reasons for granting the same, and the objections, if any, of any number of the Board, made thereto.

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