Texas 2013 83rd Regular

Texas House Bill HB990 Engrossed / Bill

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                    By: Thompson of Harris H.B. No. 990


 A BILL TO BE ENTITLED
 AN ACT
 relating to the establishment of a sentencing policy,
 accountability, and review council to develop means to assess the
 effect of sentencing practices and policies on state correctional
 resources and improve the efficiency of the state criminal justice
 system, to develop a plan regarding the prosecution of certain
 child offenders, and to review certain penal laws.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Title 1, Code of Criminal Procedure, is amended
 by adding Chapter 1A to read as follows:
 CHAPTER 1A.  TEXAS SENTENCING POLICY, ACCOUNTABILITY, AND REVIEW
 COUNCIL
 Art. 1A.01.  DEFINITION. In this chapter, "council" means
 the Texas Sentencing Policy, Accountability, and Review Council.
 Art. 1A.02.  CREATION. The Texas Sentencing Policy,
 Accountability, and Review Council is created.
 Art. 1A.03.  APPOINTMENTS; COMPOSITION. (a) The council
 consists of the following 20 members who, subject to available
 state funding, shall be appointed not later than January 31 of each
 10th anniversary of the date on which appointments were most
 recently made under this article:
 (1)  four members of the senate appointed by the
 lieutenant governor;
 (2)  four members of the house of representatives
 appointed by the speaker; and
 (3)  12 members appointed by the governor.
 (b)  Of the members appointed by the governor:
 (1)  one must be a member of the court of criminal
 appeals;
 (2)  one must be a current or former trial judge hearing
 criminal cases;
 (3)  one must be a prosecuting attorney;
 (4)  one must be a criminal defense lawyer;
 (5)  one must be a crime victims' rights advocate;
 (6)  one must be a defendants' rights advocate;
 (7)  one must be a statewide corrections system
 administrator;
 (8)  one must be a county jail administrator;
 (9)  one must be a law professor or former law
 professor; and
 (10)  one must be a law enforcement representative.
 (c)  Each member of the council serves a term that expires on
 the date of adjournment sine die of the next regular legislative
 session that initially convenes following the date the member was
 appointed.
 (d)  The governor shall designate a member of the council to
 serve as presiding officer.
 Art. 1A.04.  COMPENSATION AND REIMBURSEMENT. A member of
 the council serves without compensation for service on the council
 but is entitled to reimbursement for the member's travel expenses
 as provided by Chapter 660, Government Code, and the General
 Appropriations Act.
 Art. 1A.05.  PURPOSE. The purpose of the council is to
 develop means to promote a more balanced and cost-effective state
 criminal justice system.
 Art. 1A.06.  DUTIES. (a)  To accomplish its purpose, the
 council shall:
 (1)  conduct an in-depth analysis of sentencing
 practices used throughout the state criminal justice system with
 special emphasis on convictions pursuant to Section 481.121, Health
 and Safety Code;
 (2)  identify disparities between the severity of
 offenses and their prescribed penalties and determine appropriate
 adjustments;
 (3)  ascertain other means by which to enhance
 consistency and reduce disparity in sentencing;
 (4)  compare community supervision, parole, and
 sentencing terms in this state to terms in other states;
 (5)  determine means by which to balance state and
 county criminal justice responsibilities with resources;
 (6)  devise an approach that would allow the state to
 balance sentencing policies with correctional resources;
 (7)  study and review all penal laws of this state other
 than criminal offenses:
 (A)  under the Penal Code;
 (B)  under Chapter 481, Health and Safety Code; or
 (C)  related to the operation of a motor vehicle;
 (8)  evaluate all laws described by Subdivision (7);
 and
 (9)  make recommendations to the legislature regarding
 the repeal of laws that are identified under Subdivision (7) as
 being unnecessary, unclear, duplicative, overly broad, or
 otherwise insufficient to serve the intended purpose of the law.
 (b)  The Legislative Budget Board shall assist the council in
 performing its duties.
 Art. 1A.065.  PROSECUTION OF 17-YEAR-OLD CHILDREN.  (a)  The
 council shall:
 (1)  evaluate a proposal to define a person who is 17
 years of age and commits an offense as a child under the Family Code
 to include the person under the jurisdiction of a juvenile court;
 (2)  develop an implementation plan that includes
 legislative, administrative, and funding changes necessary to
 adopt the proposal; and
 (3)  determine whether the legislature should
 implement the proposal described by Subdivision (1) by considering:
 (A)  the potential short-term and long-term
 benefits to offenders, victims, and taxpayers;
 (B)  the requirements of federal law, including
 the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et
 seq.), for the confinement of persons 17 years of age;
 (C)  the implications of the decisions of the
 United States Supreme Court in Miller v. Alabama, 567 U.S. ____
 (2012), and similar cases involving the sentencing of persons
 younger than 18 years of age;
 (D)  appropriate sanctions, services, and
 treatment programs for persons 17 years of age who have committed
 criminal offenses and the effectiveness of the sanctions, services,
 and programs;
 (E)  best practices and national trends in the
 prosecution and sentencing of persons younger than 18 years of age;
 (F)  data about the nature and frequency of
 offenses committed by persons 17 years of age in this state;
 (G)  the projected costs and savings for the state
 criminal court and juvenile court systems, state and local law
 enforcement, local adult and juvenile probation departments, state
 and local correctional facilities, and facilities operated by the
 Texas Juvenile Justice Department;
 (H)  which criminal and juvenile justice laws to
 amend, including laws relating to traffic offenses, offenses under
 the Education Code or Alcoholic Beverage Code, and laws relating to
 criminal records; and
 (I)  any other issues that the council considers
 relevant to the proposal.
 (b)  The council shall:
 (1)  develop the implementation plan relating to the
 proposal described by Subsection (a)(1);
 (2)  calculate the projected state and local adult and
 juvenile correctional facility populations if the plan is
 implemented;
 (3)  conduct a cost-benefit analysis for each part of
 the juvenile and adult criminal justice systems and for offenders,
 victims, and taxpayers if the plan is implemented; and
 (4)  make findings and recommendations and describe
 policy considerations relating to whether the proposal should be
 adopted.
 (c)  This article expires June 1, 2015.
 Art. 1A.07.  REPORT. (a)  The council shall submit a
 detailed report of its findings and recommendations, including any
 proposed legislation, to the legislature not later than January 1
 immediately preceding the next regular legislative session that
 initially convenes following the appointment of members under
 Article 1A.03.
 (b)  The council may contract with an appropriate
 governmental or nongovernmental entity for the purpose of
 completing the report.
 SECTION 2.  (a) Notwithstanding any provision to the
 contrary under Article 1A.03, Code of Criminal Procedure, as added
 by this Act:
 (1)  the initial appointments to the Texas Sentencing
 Policy, Accountability, and Review Council shall be made not later
 than the 30th day after the effective date of this Act;
 (2)  the terms of the initial council members expire on
 adjournment sine die of the 84th Regular Legislative Session; and
 (3)  the next subsequent appointments shall be made not
 later than January 31, 2023.
 (b)  The Texas Sentencing Policy, Accountability, and Review
 Council shall submit the first report required under Article 1A.07,
 Code of Criminal Procedure, as added by this Act, not later than
 January 1, 2015.
 SECTION 3.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2013.