Texas 2021 - 87th Regular

Texas House Bill HB3334 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R20220 MEW-D
2		-	By: Turner of Dallas, Sherman, Sr., Krause H.B. No. 3334
3		-	Substitute the following for H.B. No. 3334:
4		-	By: Davis C.S.H.B. No. 3334
	1	+	87R9283 MEW-D
	2	+	By: Turner of Dallas H.B. No. 3334
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to a criminal justice system sentencing database
10	8		established by the Office of Court Administration of the Texas
11	9		Judicial System.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Chapter 72, Government Code, is amended by
14	12		adding Subchapter H to read as follows:
15	13		SUBCHAPTER H. CRIMINAL JUSTICE SYSTEM SENTENCING DATABASE
16	14		Sec. 72.201. DEFINITION. In this subchapter, "database"
17	15		means the criminal justice system sentencing database maintained
18	16		under this subchapter.
19	17		Sec. 72.202. DATABASE. (a) The office shall create and
20	18		maintain a database to collect, compile, and analyze data regarding
21	19		the sentencing of defendants.
22	20		(b) The office shall compile data that includes, with
23		-	respect to each defendant who has been convicted of a Class B
24		-	misdemeanor or any higher category of offense:
25		-	(1) the defendant's age and the zip code of the
26		-	defendant's primary residence at the time of the alleged offense;
27		-	(2) whether the defendant was determined to be
28		-	indigent at any time during the defendant's criminal case;
29		-	(3) the defendant's race, ethnicity, and gender;
30		-	(4) the offenses, including the category of each
	21	+	respect to each defendant:
	22	+	(1) the defendant's age, zip code of primary
	23	+	residence, and indigence status at the time of the alleged offense;
	24	+	(2) the defendant's race, ethnicity, and gender;
	25	+	(3) the offenses, including the category of each
31	26		offense, for which the defendant was sentenced;
32		-	(5) the provision of law under which the defendant was
	27	+	(4) the provision of law under which the defendant was
33	28		sentenced;
34		-	(6) the date on which the offense occurred and the date
	29	+	(5) the date on which the offense occurred and the date
35	30		of the defendant's sentencing for that offense;
	31	+	(6) the court and presiding judge before which the
	32	+	sentencing took place;
36	33		(7) the length of any term of imprisonment to which the
37	34		defendant was sentenced, including any period of probation or
38		-	community supervision, and if multiple sentences were ordered,
39		-	whether the sentences were ordered to be served consecutively or
40		-	concurrently;
	35	+	community supervision;
41	36		(8) any court fees, fines, or amounts of restitution
42	37		assessed or ordered and the amount of each;
43		-	(9) each charge brought against the defendant in a
44		-	single criminal action, including any dismissed, amended, or
45		-	reduced charges;
46		-	(10) any enhancements applied during sentencing;
47		-	(11) the amount and type of any bail ordered by the
48		-	court;
49		-	(12) any credit for time served;
50		-	(13) whether the defendant was required to attend a
51		-	diversionary or treatment program, and if so, which program;
52		-	(14) whether the defendant pleaded guilty, not guilty,
	38	+	(9) any dismissed or downgraded charges;
	39	+	(10) any cash bail or bond payments, including whether
	40	+	the defendant used an agent to execute the bail bond on behalf of a
	41	+	corporation acting as surety;
	42	+	(11) the amount of time the defendant served in
	43	+	confinement for the offense that is credited to the defendant to
	44	+	reduce the defendant's actual length of time in confinement the
	45	+	defendant is required to serve following the disposition of the
	46	+	case;
	47	+	(12) whether the defendant was offered or required to
	48	+	attend a diversionary or treatment program, and if so, which
	49	+	program;
	50	+	(13) whether the defendant pleaded guilty, not guilty,
53	51		or nolo contendere;
54		-	(15) any plea bargain agreement approved or rejected
55		-	by the court;
56		-	(16) whether punishment was assessed by the jury, and
	52	+	(14) any plea bargain agreement negotiations,
	53	+	including:
	54	+	(A) any plea bargain offer extended to a
	55	+	defendant and whether the defendant accepted or rejected the offer;
	56	+	and
	57	+	(B) any plea bargain agreement approved or
	58	+	rejected by the court;
	59	+	(15) whether punishment is assessed by the jury, and
57	60		if so, the jury's recommended sentence;
58		-	(17) if the defendant was convicted following trial,
	61	+	(16) if the defendant was convicted following trial,
59	62		whether the trial was a bench or jury trial;
60		-	(18) whether the defendant was represented by a
61		-	private attorney, a court-appointed private attorney, or a
62		-	court-appointed public defender or waived the right to
63		-	representation;
64		-	(19) the category of correctional facility at which
	63	+	(17) whether the defendant was represented by a
	64	+	private attorney or a court-appointed attorney or waived the right
	65	+	to representation;
	66	+	(18) the category of correctional facility at which
65	67		the defendant will serve confinement, if applicable; and
66		-	(20) if the offense was a drug offense, the identity
	68	+	(19) if the offense was a drug offense, the identity
67	69		and amount of controlled substance for which the defendant was
68	70		convicted.
69		-	(c) Information maintained in the database under this
70		-	section is not required to be removed from the database following an
71		-	order of expunction issued with respect to that information.
72		-	Sec. 72.203. SUBMISSION OF INFORMATION BY COURTS. On final
73		-	disposition of a defendant's case, the clerk of the sentencing
74		-	court shall submit to the office, within the time period prescribed
75		-	by the office, a written record of the data required under Section
76		-	72.202, with respect to the defendant's case.
	71	+	Sec. 72.203. SUBMISSION OF INFORMATION BY COURTS. The
	72	+	clerk of each court in this state shall submit to the office, within
	73	+	the time period prescribed by the office, a written record of the
	74	+	data required under Section 72.202, with respect to defendants
	75	+	sentenced in that court.
77	76		Sec. 72.204. PUBLISHED INFORMATION. (a) The office shall
78	77		publish deidentified sentencing data from the information in the
79	78		database on the office's Internet website in a modern, open,
80	79		electronic format that is machine-readable and readily accessible
81	80		by the public, free of charge. The office shall update the
82	81		information on the Internet website on a monthly basis.
83	82		(b) The sentencing data must be searchable by:
84	83		(1) each data element described by Section 72.202(b);
85	84		and
86		-	(2) the county and circuit in which a court is located.
	85	+	(2) the district, county, and circuit in which a court
	86	+	is located.
87	87		(c) The data published on the office's Internet website may
88		-	not disclose the name or identifying information of a defendant or
89		-	any other individual involved in the defendant's sentencing.
	88	+	not disclose the name or identifying information of a defendant.
90	89		Sec. 72.205. REPORT. Not later than September 1 of each
91	90		even-numbered year, the office shall submit a report to the
92	91		governor and the legislature regarding the data compiled in the
93	92		database.
94	93		Sec. 72.206. RULES. The office may adopt rules as necessary
95	94		to implement this subchapter.
96	95		SECTION 2. The Office of Court Administration of the Texas
97	96		Judicial System shall create the database described by Subchapter
98	97		H, Chapter 72, Government Code, as added by this Act, as soon as
99	98		practicable after the effective date of this Act.
100	99		SECTION 3. A court is not required to submit information to
101	100		the Office of Court Administration of the Texas Judicial System
102	101		under Section 72.203, Government Code, as added by this Act,
103		-	regarding any sentencing that occurred before ~~January~~ 1, ~~2022~~.
	102	+	regarding any sentencing that occurred before September 1, 2021.
104	103		SECTION 4. The Office of Court Administration of the Texas
105	104		Judicial System shall begin publishing sentencing data under
106	105		Section 72.204, Government Code, as added by this Act, on the
107		-	office's Internet website not later than ~~April~~ 1, 2022.
	106	+	office's Internet website not later than January 1, 2022.
108	107		SECTION 5. This Act takes effect immediately if it receives
109	108		a vote of two-thirds of all the members elected to each house, as
110	109		provided by Section 39, Article III, Texas Constitution. If this
111	110		Act does not receive the vote necessary for immediate effect, this
112	111		Act takes effect September 1, 2021.