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Criminal Justice

SJR11

A Constitutional Amendment Creating The Board Of Pardons For The Purpose Of Granting Pardons After Convictions.

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Last Action (May 1, 2023): Sine Die adjournment

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AI-Generated Summary

SJR 11 proposes a constitutional amendment to create a five-member Board of Pardons in Arkansas, authorized to grant pardons for criminal and penal cases, excluding treason and impeachment. The board would consist of members appointed by the President Pro Tempore of the Senate, the Speaker of the House, and the Chief Justice of the Supreme Court. Under this proposal, individuals seeking a pardon may apply to either the Governor or the Board of Pardons, but they cannot apply to both. A decision by the board would be final and not subject to appeal. The resolution outlines the board's organizational structure, terms, meeting requirements, and stipend allowances. The amendment would take effect on January 1, 2025, pending voter approval at the next general election.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries would be individuals seeking pardons who may face a backlog or political difficulties when petitioning the Governor exclusively, as this provides an alternative, non-executive pathway for clemency. Additionally, the legislative and judicial branches benefit by gaining formal influence over the pardoning process through appointment powers, shifting some authority away from the executive branch.

Who Might Suffer?

The Governor of Arkansas would be the primary party negatively impacted, as the bill curtails the executive branch's historical and sole authority over the pardoning process by introducing an independent board. Furthermore, individuals who prefer a purely executive-driven clemency process might be concerned about the potential for inconsistent standards between the Governor's office and the new board, as the bill explicitly prohibits concurrent applications to both entities.

Read Full Bill on arkleg.state.ar.us