87R977 MAW-D
By: Thompson of Harris H.B. No. 137
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a court to grant a commutation of
punishment for certain persons released on parole.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 48, Code of Criminal Procedure, is
amended by adding Article 48.07 to read as follows:
Art. 48.07. COMMUTATION FOR CERTAIN PAROLEES. (a) A person
released on parole may file a motion with the court in which the
person was convicted requesting that the court commute the person's
sentence if:
(1) the person was released on parole not less than 10
years before the date the motion is filed;
(2) the person's release on parole was not revoked at
any time during the period described by Subdivision (1); and
(3) the person is not required to register as a sex
offender under Chapter 62.
(b) The person must submit with the motion information
relevant to the person's rehabilitation, including:
(1) the person's employment history while released on
parole;
(2) information concerning any educational or
training programs completed by the person while confined or
released on parole;
(3) information concerning any volunteer activities
of the person; and
(4) any letters of support for the person's motion.
(c) On receipt of a motion under this article, the court
shall:
(1) notify the attorney representing the state in the
jurisdiction in which the person was convicted; and
(2) request from the Texas Department of Criminal
Justice under Section 508.313, Government Code, information
related to the conduct of the person while on parole.
(d) The attorney representing the state may submit to the
court any relevant information.
(e) The court may hold a hearing to consider the motion and
may take testimony from the person who submitted the motion or from
any other person having relevant information. If the court holds a
hearing, the court shall provide notice of the hearing to the
attorney representing the state and allow the attorney to
participate in the hearing.
(f) Not later than the 180th day after the date a motion is
filed under this article, the court shall review the motion, the
information obtained under Subsection (c)(2) or provided by the
attorney representing the state, and any testimony presented at the
hearing, if applicable, to determine whether the person who filed
the motion meets the eligibility requirements under Subsection (a).
If the person is eligible, the court shall issue an order commuting
the person's sentence if the court determines that it is in the best
interest of justice, the public, and the person.
(g) The authority of a court under this article is limited
to commuting the person's sentence to reflect the time served by the
person while confined or released on parole as of the date the order
is issued. In commuting the sentence the court may not impose
conditions on the issuance of the order or otherwise related to the
person's release.
(h) A person who receives an order of commutation under this
article is considered to have fully discharged the person's
sentence.
SECTION 2. Section 508.313(d), Government Code, is amended
to read as follows:
(d) In this section, "eligible entity" means:
(1) a government agency, including the office of a
prosecuting attorney;
(2) an organization with which the department
contracts or an organization to which the department provides a
grant; [or]
(3) an organization to which inmates are referred for
services by the department; or
(4) a court considering a motion under Article 48.07,
Code of Criminal Procedure.
SECTION 3. The change in law made by this Act applies to a
person on parole on or after the effective date of this Act,
regardless of whether the person was released on parole before, on,
or after that date.
SECTION 4. This Act takes effect December 1, 2021, but only
if the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, authorizing the legislature to enact laws
providing for a court to grant a commutation of punishment to a
person who has successfully served the required number of years on
parole is approved by the voters. If that amendment is not approved
by the voters, this Act has no effect.