PUB 700660: Commute the Punishment of Persons Continuing to Remain Imprisoned or Face Execution Solely Due to Procedural Technicalities. by Shannon o Helton
ARTICLE IV: EXECUTIVE, Section 4. Cabinet.
SECTION 4.Cabinet.
- There shall be a cabinet composed of an attorney general, a chief financial officer, and a commissioner of agriculture. In addition to the powers and duties specified herein, they shall exercise such powers and perform such duties as may be prescribed by law. In the event of a tie vote of the governor and cabinet, the side on which the governor voted shall be deemed to prevail.
- The attorney general shall be the chief state legal officer. The attorney general shall approve any executive order the governor intends to and does, in fact, file with the custodian of state records to commute the punishment of any person found by a court, state or federal, to have been wrongfully convicted or actually innocent but denied relief, thus resulting in him or her continuing to remain imprisoned or face execution, solely due to a procedural technicality. There is created in the office of the attorney general the position of statewide prosecutor. The statewide prosecutor shall have concurrent jurisdiction with the state attorneys to prosecute violations of criminal laws occurring or having occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting or has affected two or more judicial circuits as provided by general law. The statewide prosecutor shall be appointed by the attorney general from not less than three persons nominated by the judicial nominating commission for the supreme court, or as otherwise provided by general law.
- The chief financial officer shall serve as the chief fiscal officer of the state, and shall settle and approve accounts against the state, and shall keep all state funds and securities. The chief financial officer shall approve any executive order the governor intends to and does, in fact, file with the custodian of state records to commute the punishment of any person found by a court, state or federal, to have been wrongfully convicted or actually innocent but denied relief, thus resulting in him or her continuing to remain imprisoned or face execution, solely due to a procedraul technicality.
- The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law. The commissioner of agriculture shall approve any executive order the governor intends to and does, in fact, file with the custodian of state records to commute the punishment of any person found by a court, state or federal, to have been wrongfully convicted or actually innocent but denied relief, thus resulting in him or her continuing to remain imprisoned or face execution, solely due to a procedural technicality.
- The governor as chair, the chief financial officer, and the attorney general shall constitute the state board of administration, which shall succeed to all the power, control, and authority of the state board of administration established pursuant to Article IX, Section 16 of the Constitution of 1885, and which shall continue as a body at least for the life of Article XII, Section 9(c).
- The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the trustees of the internal improvement trust fund and the land acquisition trust fund as provided by law.
- The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the agency head of the Department of Law Enforcement.