Texas 2021 - 87th Regular

Texas House Bill HB3392 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10507 EAS-F
2	2	By: Moody H.B. No. 3392
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 to certain individuals serving a term of imprisonment.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Code of Criminal Procedure, is amended
11	11	by adding Chapter 53 to read as follows:
12	12	CHAPTER 53. JUDICIAL COMMUTATION
13	13	Art. 53.001. APPLICABILITY. (a) Except as provided by
14	14	Subsection (b), this chapter applies only to an inmate confined in
15	15	the Texas Department of Criminal Justice who:
16	16	(1) is 50 years of age or older and has served at least
17	17	15 years of a term of imprisonment for a felony; or
18	18	(2) is 35 years of age or older but younger than 50
19	19	years of age and has served at least 20 years of a term of
20	20	imprisonment for a felony.
21	21	(b) This chapter does not apply to an inmate who is:
22	22	(1) serving a sentence for a capital felony, other
23	23	than a life sentence under Section 12.31(a)(1), Penal Code; or
24	24	(2) serving a sentence for an offense under Section
25	25	21.02 or 22.021, Penal Code.
26	26	Art. 53.002. MOTION TO ADJUST SENTENCE.
27	27	(a) Notwithstanding any other law, on motion of the attorney
28	28	representing the state a court may grant a commutation of
29	29	punishment for an inmate in accordance with this chapter.
30	30	(b) A motion under this chapter must be filed by the
31	31	attorney representing the state for the jurisdiction in which the
32	32	inmate was convicted. The motion may be filed in any district court
33	33	in the county in which the inmate was convicted.
34	34	(c) A motion filed under this article must include:
35	35	(1) the cause number for the inmate's case;
36	36	(2) the name of the sentencing judge and date of
37	37	sentencing;
38	38	(3) the name of the agency responsible for the
39	39	prosecution; and
40	40	(4) a declaration of the reasons the attorney
41	41	representing the state believes the inmate is entitled to relief,
42	42	including any reason the attorney believes the inmate, if released,
43	43	would be able to safely return to the community, such as:
44	44	(A) the inmate's age at the time of the offense;
45	45	(B) any mitigating factors from the time of the
46	46	offense;
47	47	(C) any completed courses, treatment, or
48	48	achievements while imprisoned;
49	49	(D) any record of good behavior while imprisoned;
50	50	(E) any evidence of maturity or rehabilitation;
51	51	or
52	52	(F) any other recommendations as to the inmate's
53	53	suitability for release.
54	54	(d) A motion filed under this article may include
55	55	affidavits, documents, or other written material supporting the
56	56	inmate's motion.
57	57	(e) Once filed, the presiding judge of the administrative
58	58	judicial region shall assign the motion to a judge of a court in the
59	59	county that has jurisdiction over the category of offense of which
60	60	the inmate was convicted. The motion may not be assigned to the
61	61	original sentencing judge.
62	62	Art. 53.003. APPOINTMENT OF COUNSEL. (a) Not later than
63	63	the 15th day after the date a motion is filed under Article 53.002,
64	64	the court shall appoint counsel for the inmate unless the inmate has
65	65	previously retained counsel for this motion. Counsel shall
66	66	represent the inmate for all proceedings under this chapter,
67	67	including any appeal, unless the inmate expressly waives the right
68	68	to counsel after being fully advised by the court of the inmate's
69	69	rights.
70	70	(b) Not later than the 15th day after appointment, inmate's
71	71	counsel may file a motion for an extension of time to prepare a
72	72	supplement to the motion filed under Article 53.002. The court
73	73	shall grant counsel's motion for an extension of time unless the
74	74	court finds that there is good cause not to grant the motion.
75	75	Art. 53.004. HEARING. (a) A court may grant a motion filed
76	76	under this chapter without holding a hearing but may not deny a
77	77	motion without a hearing unless the inmate:
78	78	(1) is not eligible under Article 53.001; or
79	79	(2) has 12 months or less remaining before the inmate:
80	80	(A) discharges the inmate's sentence; or
81	81	(B) becomes eligible for release to mandatory
82	82	supervision under Section 508.147, Government Code.
83	83	(b) Subject to any extension granted under Article
84	84	53.003(b), any hearing required under this article must be held not
85	85	later than the 90th day after the date the motion is filed.
86	86	(c) At a hearing under this article, the court shall allow
87	87	parties to present additional evidence, including hearsay
88	88	evidence.
89	89	Art. 53.005. DECISION. (a) The court shall either state
90	90	in open court or file in writing the court's reasons for granting or
91	91	denying a motion under this chapter. The court shall issue the
92	92	court's decision not later than the 30th day after the date of the
93	93	hearing, or, if no hearing is held, not later than the 60th day
94	94	after the date of filing the motion, subject to any extension
95	95	granted under Article 53.003(b).
96	96	(b) The court shall grant the motion unless the court finds
97	97	by clear and convincing evidence that the inmate's release would
98	98	result in an unreasonable risk to the physical safety of the
99	99	community.
100	100	(c) There is a presumption that an inmate who is 50 years of
101	101	age or older is suitable for relief under this chapter. This
102	102	presumption may be rebutted by clear and convincing evidence that
103	103	the inmate poses an unreasonable risk to the physical safety of the
104	104	community. The presumption may not be rebutted solely by facts
105	105	related to the offense for which the inmate was convicted.
106	106	(d) In determining whether to grant the motion, the court
107	107	shall consider:
108	108	(1) the inmate's age at the time of the offense and the
109	109	diminished culpability of people under 26 years of age, as compared
110	110	to that of older adults, and the hallmark features of youth,
111	111	including immaturity, impetuosity, and failure to appreciate risks
112	112	and consequences;
113	113	(2) the inmate's current age and relevant data
114	114	regarding the decline in criminality as people age;
115	115	(3) any argument or evidence presented by the parties;
116	116	(4) any report and recommendation of the Texas
117	117	Department of Criminal Justice or the Board of Pardons and Paroles,
118	118	including information on the inmate's behavior while imprisoned,
119	119	specifically focusing on the five-year period preceding the date of
120	120	the motion;
121	121	(5) whether the inmate has demonstrated maturity,
122	122	rehabilitation, and fitness to reenter society sufficient to
123	123	justify a sentence reduction;
124	124	(6) any report from a physical, mental, or psychiatric
125	125	examination of the inmate conducted by a licensed health care
126	126	professional;
127	127	(7) mitigating evidence such as the family and
128	128	community circumstances of the inmate at the time of the offense,
129	129	including any history of abuse, trauma, or involvement in the child
130	130	protective services system;
131	131	(8) the role of the inmate in the offense and whether,
132	132	and to what extent, the inmate was influenced or encouraged by
133	133	others to commit the offense;
134	134	(9) the nature and circumstances of the offense and
135	135	whether the sentence imposed was disproportionate to the offense
136	136	committed;
137	137	(10) whether the sentence was disproportionate to the
138	138	sentence the inmate would have received had the inmate been
139	139	sentenced under the laws in effect on the date the motion is filed;
140	140	(11) whether there is evidence of racial disparities
141	141	in the length of sentence imposed for similar conduct;
142	142	(12) any available victim impact statement; and
143	143	(13) any other information the court considers
144	144	relevant to its decision.
145	145	(e) In considering an inmate's behavior under Subsection
146	146	(d)(4), the judge may consider whether the inmate has completed any
147	147	educational, vocational, or other programs that were available to
148	148	the inmate while confined, including any substance abuse or mental
149	149	health treatment.
150	150	(f) If the court grants the motion, the court shall reduce
151	151	the sentence:
152	152	(1) to time served and order the inmate's immediate
153	153	release; or
154	154	(2) as necessary to provide that the inmate is
155	155	confined only as long as is necessary for the Texas Department of
156	156	Criminal Justice to provide for a sufficient transition and release
157	157	plan.
158	158	(g) Notwithstanding any other law, the court may, in
159	159	granting relief under this chapter, reduce an inmate's sentence to
160	160	be below the statutory minimum for the offense that existed at the
161	161	time of the offense.
162	162	(h) The court may not increase a sentence under this
163	163	chapter.
164	164	Art. 53.006. APPEAL. (a) Except as provided by this
165	165	article, the Texas Rules of Appellate Procedure apply to all
166	166	hearings and orders under this chapter.
167	167	(b) Unless a court denies a motion filed under this chapter
168	168	on the sole grounds that the inmate is not eligible under Article
169	169	53.001, the inmate may appeal the denial.
170	170	(c) The appeal must be filed not later than the 30th day
171	171	after the date of the court's denial. The inmate must provide
172	172	notice of the appeal to the attorney representing the state.
173	173	(d) An appellate court, in reviewing a court's decision to
174	174	deny a motion under this chapter, shall accept the court's findings
175	175	of fact unless clearly erroneous while reviewing the legal judgment
176	176	de novo.
177	177	Art. 53.007. SUBSEQUENT MOTIONS. (a) An attorney
178	178	representing the state may file subsequent motions regarding an
179	179	inmate under this chapter on or after the fifth anniversary of the
180	180	date on which the previous motion was denied. An appeal by an inmate
181	181	does not affect the timeline for filing a subsequent motion.
182	182	(b) An attorney representing the state may file an unlimited
183	183	number of motions under this chapter.
184	184	Art. 53.008. DATA COLLECTION. (a) Each court shall
185	185	maintain the following information, disaggregated by age, race, and
186	186	gender:
187	187	(1) the total number of inmates for whom motions were
188	188	filed under this chapter;
189	189	(2) the total number of motions the court granted;
190	190	(3) the total number of motions the court denied; and
191	191	(4) the total number of pending motions.
192	192	(b) Each facility operated by or under contract with the
193	193	Texas Department of Criminal Justice shall maintain information on
194	194	the total number of inmates who meet the eligibility requirements
195	195	of Article 53.001.
196	196	(c) Not later than February 1 of each year, each court and
197	197	the Texas Department of Criminal Justice shall submit the
198	198	information maintained under this article for the preceding
199	199	calendar year to the Office of Court Administration of the Texas
200	200	Judicial System.
201	201	(d) Not later than March 1 of each year, the Office of Court
202	202	Administration of the Texas Judicial System shall analyze the
203	203	information submitted under Subsection (c) and submit a report
204	204	containing the results of the analysis to the governor, the
205	205	lieutenant governor, the speaker of the house of representatives,
206	206	and each standing committee of the legislature with primary
207	207	jurisdiction over criminal justice matters.
208	208	SECTION 2. This Act takes effect January 1, 2022, but only
209	209	if the constitutional amendment proposed by the 87th Legislature,
210	210	Regular Session, 2021, authorizing the legislature to enact laws
211	211	providing for a court to grant a commutation of punishment to
212	212	certain individuals serving a term of imprisonment is approved by
213	213	the voters. If that amendment is not approved by the voters, this
214	214	Act has no effect.