Texas 2021 - 87th Regular

Texas House Bill HB137 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R19971~~ MAW-D
	1	+	87R977 MAW-D
2	2		By: Thompson of Harris H.B. No. 137
3		-	Substitute the following for H.B. No. 137:
4		-	By: Murr C.S.H.B. No. 137
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the authority of a court to ~~terminate the sentence~~ of
10		-	certain persons released on parole.
	7	+	relating to the authority of a court to grant a commutation of
	8	+	punishment for certain persons released on parole.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Chapter 48, Code of Criminal Procedure, is
13	11		amended by adding Article 48.07 to read as follows:
14		-	Art. 48.07. ~~SENTENCE TERMINATION~~ FOR CERTAIN PAROLEES. (a)
15		-	~~A person~~ released on parole may file a motion with the court in
16		-	~~which the~~ person was convicted requesting that the court ~~terminate~~
17		-	~~the person's~~ sentence if:
	12	+	Art. 48.07. COMMUTATION FOR CERTAIN PAROLEES. (a) A person
	13	+	released on parole may file a motion with the court in which the
	14	+	person was convicted requesting that the court commute the person's
	15	+	sentence if:
18	16		(1) the person was released on parole not less than 10
19	17		years before the date the motion is filed;
20	18		(2) the person's release on parole was not revoked at
21	19		any time during the period described by Subdivision (1); and
22	20		(3) the person is not required to register as a sex
23	21		offender under Chapter 62.
24	22		(b) The person must submit with the motion information
25	23		relevant to the person's rehabilitation, including:
26	24		(1) the person's employment history while released on
27	25		parole;
28	26		(2) information concerning any educational or
29	27		training programs completed by the person while confined or
30	28		released on parole;
31	29		(3) information concerning any volunteer activities
32	30		of the person; and
33	31		(4) any letters of support for the person's motion.
34	32		(c) On receipt of a motion under this article, the court
35	33		shall:
36	34		(1) notify the attorney representing the state in the
37	35		jurisdiction in which the person was convicted; and
38	36		(2) request from the Texas Department of Criminal
39	37		Justice under Section 508.313, Government Code, information
40	38		related to the conduct of the person while on parole.
41	39		(d) The attorney representing the state may submit to the
42	40		court any relevant information.
43	41		(e) The court may hold a hearing to consider the motion and
44	42		may take testimony from the person who submitted the motion or from
45	43		any other person having relevant information. If the court holds a
46	44		hearing, the court shall provide notice of the hearing to the
47	45		attorney representing the state and allow the attorney to
48	46		participate in the hearing.
49	47		(f) Not later than the 180th day after the date a motion is
50	48		filed under this article, the court shall review the motion, the
51	49		information obtained under Subsection (c)(2) or provided by the
52	50		attorney representing the state, and any testimony presented at the
53	51		hearing, if applicable, to determine whether the person who filed
54	52		the motion meets the eligibility requirements under Subsection (a).
55		-	If the person is eligible, the court shall issue an order
56		-	~~terminating~~ the person's sentence ~~only~~ if the court determines that
57		-	~~it is in the best~~ interest of justice, the public, and the person.
	53	+	If the person is eligible, the court shall issue an order commuting
	54	+	the person's sentence if the court determines that it is in the best
	55	+	interest of justice, the public, and the person.
58	56		(g) The authority of a court under this article is limited
59		-	to terminating the person's sentence as of the date the order is
60		-	issued. In terminating the sentence the court may not impose
	57	+	to commuting the person's sentence to reflect the time served by the
	58	+	person while confined or released on parole as of the date the order
	59	+	is issued. In commuting the sentence the court may not impose
61	60		conditions on the issuance of the order or otherwise related to the
62	61		person's release.
63		-	(h) A person who receives an order of ~~termination~~ under this
	62	+	(h) A person who receives an order of commutation under this
64	63		article is considered to have fully discharged the person's
65	64		sentence.
66	65		SECTION 2. Section 508.313(d), Government Code, is amended
67	66		to read as follows:
68	67		(d) In this section, "eligible entity" means:
69	68		(1) a government agency, including the office of a
70	69		prosecuting attorney;
71	70		(2) an organization with which the department
72	71		contracts or an organization to which the department provides a
73	72		grant; [or]
74	73		(3) an organization to which inmates are referred for
75	74		services by the department; or
76	75		(4) a court considering a motion under Article 48.07,
77	76		Code of Criminal Procedure.
78	77		SECTION 3. The change in law made by this Act applies to a
79	78		person on parole on or after the effective date of this Act,
80	79		regardless of whether the person was released on parole before, on,
81	80		or after that date.
82	81		SECTION 4. This Act takes effect December 1, 2021, but only
83	82		if the constitutional amendment proposed by the 87th Legislature,
84	83		Regular Session, 2021, authorizing the legislature to enact laws
85		-	providing for a court to ~~terminate the sentence~~ of a ~~person who has~~
86		-	successfully served the required number of years on ~~parole is~~
87		-	approved by the voters. If that amendment is not approved ~~by the~~
88		-	voters, this Act has no effect.
	84	+	providing for a court to grant a commutation of punishment to a
	85	+	person who has successfully served the required number of years on
	86	+	parole is approved by the voters. If that amendment is not approved
	87	+	by the voters, this Act has no effect.