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