Texas 2023 - 88th Regular

Texas House Bill HB4518

Filed
3/9/23  
Out of House Committee
5/2/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment and to victims' rights regarding a motion to grant a commutation.

Impact

If enacted, HB4518 would empower courts to consider commutations, thereby providing a mechanism for individuals who may have demonstrated rehabilitation or other mitigating factors to seek a reduction in their sentences. This aligns with contemporary efforts to address issues of fairness and discretion in the legal system, particularly for cases that may warrant a second look after significant time served. Such a change could have a ripple effect on state laws regarding sentencing, rehabilitation programs, and victims' rights.

Summary

House Bill 4518, introduced by Representative Cooke, addresses the authority of courts to grant commutations of punishment for certain individuals serving prison sentences. This bill is significant as it serves as enabling legislation for House Joint Resolution 172, which has garnered substantial legislative support. The intent behind HB4518 is to potentially allow for the re-evaluation of sentences under specific circumstances, contributing to the broader discussion around criminal justice reform.

Sentiment

The overall sentiment surrounding HB4518 appears to be predominantly positive, with a strong showing of support in the legislative assembly, evidenced by 127 votes in favor and only one against during the motion to concur. Supporters view the bill as a step towards a more humane and equitable justice system. However, given the sensitive nature of criminal justice reform, discussions may still evoke concerns from various stakeholders, particularly regarding the balance between the rights of victims and the opportunity for redemption for offenders.

Contention

Notably, while the sentiment is largely favorable, the discussion raises points of contention regarding the implications for victims' rights. As the bill permits commutations, which could result in earlier release for certain inmates, advocates argue the need for safeguards to ensure that victims of crimes are adequately considered in these processes. Thus, ongoing dialogue will likely focus on establishing appropriate frameworks that protect the interests of victims while also allowing for justice system reforms that reflect rehabilitative values.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 56a. Rights Of Crime Victims
    • Section: New Section
    • Section: New Section

Companion Bills

TX HJR172

Enabling for Proposing a constitutional amendment authorizing the legislature to enact laws providing for a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.

TX HJR172

Enabling for Proposing a constitutional amendment authorizing the legislature to enact laws providing for a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.

Similar Bills

IL SB2087

STATES ATTY-PEACE OFCR-PRIVACY

CA SB605

State attorneys and administrative law judges: compensation.

TX HB4006

Relating to the suspension and removal from office of a district attorney, criminal district attorney, or county attorney of a political subdivision of this state.

TX SB35

Relating to the application of certain concealed handgun license laws to the attorney general and the state prosecuting attorney and to assistant attorneys general, assistant state prosecuting attorneys, United States attorneys, assistant United States attorneys, special assistant United States attorneys, and certain associate judges and other judicial personnel, and to the authority of those persons to carry certain weapons.

AR HB1618

To Amend The Law Concerning The Election, Appointment, And Contracting Of A Municipal Attorney.

TX HB4803

Relating to the creation of offices of District Attorney for the Northeast Texas, Central Texas, Southeast Texas, and South Texas Regions and the powers and duties of and related to such officers.

TX SB1807

Relating to the application of certain handgun license laws to certain federal and state attorneys and to the authority of those attorneys to carry certain weapons.

TX HB3903

Relating to a state defense attorney to represent certain defendants in proceedings before state appellate courts and coordinate continuing legal education for criminal defense attorneys.