| 1 | 1 | | 86R9531 MAW-D |
|---|
| 2 | 2 | | By: Thompson of Harris H.B. No. 4163 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of a court to grant a commutation of |
|---|
| 8 | 8 | | punishment for certain persons released on parole. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 48, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended by adding Article 48.07 to read as follows: |
|---|
| 12 | 12 | | Art. 48.07. COMMUTATION FOR CERTAIN PAROLEES. (a) A person |
|---|
| 13 | 13 | | released on parole may file a motion with the court in which the |
|---|
| 14 | 14 | | person was convicted requesting that the court commute the person's |
|---|
| 15 | 15 | | sentence if: |
|---|
| 16 | 16 | | (1) the person was released on parole not less than 10 |
|---|
| 17 | 17 | | years before the date the motion is filed; |
|---|
| 18 | 18 | | (2) the person's release on parole was not revoked at |
|---|
| 19 | 19 | | any time during the period described by Subdivision (1); and |
|---|
| 20 | 20 | | (3) the person is not required to register as a sex |
|---|
| 21 | 21 | | offender under Chapter 62. |
|---|
| 22 | 22 | | (b) The person must submit with the motion information |
|---|
| 23 | 23 | | relevant to the person's rehabilitation, including: |
|---|
| 24 | 24 | | (1) the person's employment history while released on |
|---|
| 25 | 25 | | parole; |
|---|
| 26 | 26 | | (2) information concerning any educational or |
|---|
| 27 | 27 | | training programs completed by the person while confined or |
|---|
| 28 | 28 | | released on parole; |
|---|
| 29 | 29 | | (3) information concerning any volunteer activities |
|---|
| 30 | 30 | | of the person; and |
|---|
| 31 | 31 | | (4) any letters of support for the person's motion. |
|---|
| 32 | 32 | | (c) On receipt of a motion under this article, the court |
|---|
| 33 | 33 | | shall: |
|---|
| 34 | 34 | | (1) notify the attorney representing the state in the |
|---|
| 35 | 35 | | jurisdiction in which the person was convicted; and |
|---|
| 36 | 36 | | (2) request from the Texas Department of Criminal |
|---|
| 37 | 37 | | Justice under Section 508.313, Government Code, information |
|---|
| 38 | 38 | | related to the conduct of the person while on parole. |
|---|
| 39 | 39 | | (d) The attorney representing the state may submit to the |
|---|
| 40 | 40 | | court any relevant information. |
|---|
| 41 | 41 | | (e) The court may hold a hearing to consider the motion and |
|---|
| 42 | 42 | | may take testimony from the person who submitted the motion or from |
|---|
| 43 | 43 | | any other person having relevant information. If the court holds a |
|---|
| 44 | 44 | | hearing, the court shall provide notice of the hearing to the |
|---|
| 45 | 45 | | attorney representing the state and allow the attorney to |
|---|
| 46 | 46 | | participate in the hearing. |
|---|
| 47 | 47 | | (f) Not later than the 180th day after the date a motion is |
|---|
| 48 | 48 | | filed under this article, the court shall review the motion, the |
|---|
| 49 | 49 | | information obtained under Subsection (c)(2) or provided by the |
|---|
| 50 | 50 | | attorney representing the state, and any testimony presented at the |
|---|
| 51 | 51 | | hearing, if applicable, to determine whether the person who filed |
|---|
| 52 | 52 | | the motion meets the eligibility requirements under Subsection (a). |
|---|
| 53 | 53 | | If the person is eligible, the court shall issue an order commuting |
|---|
| 54 | 54 | | the person's sentence if the court determines that it is in the best |
|---|
| 55 | 55 | | interest of justice, the public, and the person. |
|---|
| 56 | 56 | | (g) The authority of a court under this article is limited |
|---|
| 57 | 57 | | to commuting the person's sentence to reflect the time served by the |
|---|
| 58 | 58 | | person while confined or released on parole as of the date the order |
|---|
| 59 | 59 | | is issued. In commuting the sentence the court may not impose |
|---|
| 60 | 60 | | conditions on the issuance of the order or otherwise related to the |
|---|
| 61 | 61 | | person's release. |
|---|
| 62 | 62 | | (h) A person who receives an order of commutation under this |
|---|
| 63 | 63 | | article is considered to have fully discharged the person's |
|---|
| 64 | 64 | | sentence. |
|---|
| 65 | 65 | | SECTION 2. Section 508.313(d), Government Code, is amended |
|---|
| 66 | 66 | | to read as follows: |
|---|
| 67 | 67 | | (d) In this section, "eligible entity" means: |
|---|
| 68 | 68 | | (1) a government agency, including the office of a |
|---|
| 69 | 69 | | prosecuting attorney; |
|---|
| 70 | 70 | | (2) an organization with which the department |
|---|
| 71 | 71 | | contracts or an organization to which the department provides a |
|---|
| 72 | 72 | | grant; [or] |
|---|
| 73 | 73 | | (3) an organization to which inmates are referred for |
|---|
| 74 | 74 | | services by the department; or |
|---|
| 75 | 75 | | (4) a court considering a motion under Article 48.07, |
|---|
| 76 | 76 | | Code of Criminal Procedure. |
|---|
| 77 | 77 | | SECTION 3. The change in law made by this Act applies to a |
|---|
| 78 | 78 | | person on parole on or after the effective date of this Act, |
|---|
| 79 | 79 | | regardless of whether the person was released on parole before, on, |
|---|
| 80 | 80 | | or after that date. |
|---|
| 81 | 81 | | SECTION 4. This Act takes effect December 1, 2019, but only |
|---|
| 82 | 82 | | if the constitutional amendment proposed by the 86th Legislature, |
|---|
| 83 | 83 | | Regular Session, 2019, authorizing the legislature to enact laws |
|---|
| 84 | 84 | | providing for a court to grant a commutation of punishment to a |
|---|
| 85 | 85 | | person who has successfully served the required number of years on |
|---|
| 86 | 86 | | parole is approved by the voters. If that amendment is not approved |
|---|
| 87 | 87 | | by the voters, this Act has no effect. |
|---|