| 1 | 1 | | 86R632 JCG-D |
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| 2 | 2 | | By: Canales H.B. No. 184 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prosecutors providing information about the benefits |
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| 8 | 8 | | and costs of a proposed sentence for a defendant in a criminal |
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| 9 | 9 | | trial. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 37, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 37.0701 to read as follows: |
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| 13 | 13 | | Art. 37.0701. INFORMATION ON BENEFITS AND COSTS OF PROPOSED |
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| 14 | 14 | | SENTENCE. (a) In the penalty phase of a trial, the attorney |
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| 15 | 15 | | representing the state shall state on the record the attorney's |
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| 16 | 16 | | reasoning for the terms of any sentence the attorney recommends, |
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| 17 | 17 | | including the benefits and costs of the proposed sentence to the |
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| 18 | 18 | | public and the total financial cost of the proposed sentence. |
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| 19 | 19 | | (b) The attorney representing the state shall calculate the |
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| 20 | 20 | | total financial cost of a proposed sentence by multiplying the |
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| 21 | 21 | | number of days of the sentence by the cost per day of the sentence as |
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| 22 | 22 | | provided by: |
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| 23 | 23 | | (1) the most recent edition of the Criminal and |
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| 24 | 24 | | Juvenile Justice Uniform Cost Report published by the Legislative |
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| 25 | 25 | | Budget Board; or |
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| 26 | 26 | | (2) the commissioners court of the prosecuting county, |
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| 27 | 27 | | as required by Subsection (c). |
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| 28 | 28 | | (c) The commissioners court of each county annually shall |
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| 29 | 29 | | calculate for the preceding fiscal year the average cost per day of |
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| 30 | 30 | | confining a prisoner convicted of an offense in that county and on |
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| 31 | 31 | | request shall provide the most recently calculated cost per day to |
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| 32 | 32 | | an attorney representing the state. |
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| 33 | 33 | | (d) Any error in calculating the total financial cost of a |
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| 34 | 34 | | proposed sentence under this article may not be used by a defendant |
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| 35 | 35 | | in a criminal case as a ground for appeal, a ground to set aside the |
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| 36 | 36 | | conviction or sentence, or a ground in a habeas corpus petition. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies to a |
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| 38 | 38 | | defendant sentenced for an offense on or after the effective date of |
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| 39 | 39 | | this Act, regardless of when the offense was committed. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2019. |
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