Texas 2013 - 83rd Regular

Texas House Bill HB990 Compare Versions

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1	1	83R7175 PEP-D
2	2	By: Thompson of Harris H.B. No. 990
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a sentencing policy,
8	8	accountability, and review council to develop means to assess the
9	9	effect of sentencing practices and policies on state correctional
10	10	resources and improve the efficiency of the state criminal justice
11	11	system.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 1, Code of Criminal Procedure, is amended
14	14	by adding Chapter 1A to read as follows:
15	15	CHAPTER 1A. TEXAS SENTENCING POLICY, ACCOUNTABILITY, AND REVIEW
16	16	COUNCIL
17	17	Art. 1A.01. DEFINITION. In this chapter, "council" means
18	18	the Texas Sentencing Policy, Accountability, and Review Council.
19	19	Art. 1A.02. CREATION. The Texas Sentencing Policy,
20	20	Accountability, and Review Council is created.
21	21	Art. 1A.03. APPOINTMENTS; COMPOSITION. (a) The council
22	22	consists of the following 20 members who, subject to available
23	23	state funding, shall be appointed not later than January 31 of each
24	24	10th anniversary of the date on which appointments were most
25	25	recently made under this article:
26	26	(1) four members of the senate appointed by the
27	27	lieutenant governor;
28	28	(2) four members of the house of representatives
29	29	appointed by the speaker; and
30	30	(3) 12 members appointed by the governor.
31	31	(b) Of the members appointed by the governor:
32	32	(1) one must be a member of the court of criminal
33	33	appeals;
34	34	(2) one must be a current or former trial judge hearing
35	35	criminal cases;
36	36	(3) one must be a prosecuting attorney;
37	37	(4) one must be a criminal defense lawyer;
38	38	(5) one must be a crime victims' rights advocate;
39	39	(6) one must be a defendants' rights advocate;
40	40	(7) one must be a statewide corrections system
41	41	administrator;
42	42	(8) one must be a county jail administrator;
43	43	(9) one must be a law professor or former law
44	44	professor; and
45	45	(10) one must be a law enforcement representative.
46	46	(c) Each member of the council serves a term that expires on
47	47	the date of adjournment sine die of the next regular legislative
48	48	session that initially convenes following the date the member was
49	49	appointed.
50	50	(d) The governor shall designate a member of the council to
51	51	serve as presiding officer.
52	52	Art. 1A.04. COMPENSATION AND REIMBURSEMENT. A member of
53	53	the council serves without compensation for service on the council
54	54	but is entitled to reimbursement for the member's travel expenses
55	55	as provided by Chapter 660, Government Code, and the General
56	56	Appropriations Act.
57	57	Art. 1A.05. PURPOSE. The purpose of the council is to
58	58	develop means to promote a more balanced and cost-effective state
59	59	criminal justice system.
60	60	Art. 1A.06. DUTIES. (a) To accomplish its purpose, the
61	61	council shall:
62	62	(1) conduct an in-depth analysis of sentencing
63	63	practices used throughout the state criminal justice system;
64	64	(2) identify disparities between the severity of
65	65	offenses and their prescribed penalties and determine appropriate
66	66	adjustments;
67	67	(3) ascertain other means by which to enhance
68	68	consistency and reduce disparity in sentencing;
69	69	(4) compare community supervision, parole, and
70	70	sentencing terms in this state to terms in other states;
71	71	(5) determine means by which to balance state and
72	72	county criminal justice responsibilities with resources; and
73	73	(6) devise an approach that would allow the state to
74	74	balance sentencing policies with correctional resources.
75	75	(b) The Legislative Budget Board shall assist the council in
76	76	performing its duties.
77	77	Art. 1A.07. REPORT. (a) The council shall submit a
78	78	detailed report of its findings and recommendations, including any
79	79	proposed legislation, to the legislature not later than January 1
80	80	immediately preceding the next regular legislative session that
81	81	initially convenes following the appointment of members under
82	82	Article 1A.03.
83	83	(b) The council may contract with an appropriate
84	84	governmental or nongovernmental entity for the purpose of
85	85	completing the report.
86	86	SECTION 2. (a) Notwithstanding any provision to the
87	87	contrary under Article 1A.03, Code of Criminal Procedure, as added
88	88	by this Act:
89	89	(1) the initial appointments to the Texas Sentencing
90	90	Policy, Accountability, and Review Council shall be made not later
91	91	than the 30th day after the effective date of this Act;
92	92	(2) the terms of the initial council members expire on
93	93	adjournment sine die of the 84th Regular Legislative Session; and
94	94	(3) the next subsequent appointments shall be made not
95	95	later than January 31, 2023.
96	96	(b) The Texas Sentencing Policy, Accountability, and Review
97	97	Council shall submit the first report required under Article 1A.07,
98	98	Code of Criminal Procedure, as added by this Act, not later than
99	99	January 1, 2015.
100	100	SECTION 3. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2013.