Utah State Constitutional Convention 1895 (2020 Edition)

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

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Session 7385: 1895-04-18 16:00:00

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Article No. 7

Shown with amendment 'Article No. 7: Sections 11&12: Second Amendment' (e694868)

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Section 11. In case of the impeachment of the governor or his removal from office, death, inability to discharge the duties of said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the secretary of state, until the disability shall cease, or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of the governor, the secretary of state shall resign, die or become incapable of performing the duties of the office or be displaced, or be absent from the state, the president pro tempore of the senate shall act as governor until the vacancy be filled or the disability cease. While performing the duties of the governor as in this section provided, except in case of temporary disability or absence from the State, the secretary of state or the president pro tempore of the senate, as the case may be, shall be entitled to and receive the salary and emoluments of the governor.

Section 12. The governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses, subject to such regulations and restrictions as may be provided by law. Until otherwise provided by law, the governor, justices of the supreme court, and attorney general shall constitute a board of pardons; a major part of them, of whom the governor shall be one, may, upon such conditions and with such limitations and restrictions as they may deem proper, remit fines and forfeitures, commute punishments and grant pardons after convictions in all cases except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons, but no fine or forfeiture shall be remitted, and no commutation or pardon granted except after a full hearing before the board, in open session, after previous notice of the time and place of such hearing, The proceedings and decisions of the board shall be reduced to writing, with the reasons therefor in each case, together with the dissent of any member who may disagree, and filed with all papers used upon the hearing in the office of the secretary of state. The governor shall have the power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the board of pardons; and such board shall, at such session, continue or determine such respite, or reprieve or they may commute the punishment or pardon the offense as herein provided. In case of conviction for treason, the governor shall have the 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 or commute the sentence or direct its execution; he shall communicate to the Legislature at each regular session each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which he was convicted, the sentence and its date and date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the board made thereto.

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