87R10507 EAS-F
By: Moody H.B. No. 3392
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a court to grant a commutation of
punishment to certain individuals serving a term of imprisonment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 53 to read as follows:
CHAPTER 53. JUDICIAL COMMUTATION
Art. 53.001. APPLICABILITY. (a) Except as provided by
Subsection (b), this chapter applies only to an inmate confined in
the Texas Department of Criminal Justice who:
(1) is 50 years of age or older and has served at least
15 years of a term of imprisonment for a felony; or
(2) is 35 years of age or older but younger than 50
years of age and has served at least 20 years of a term of
imprisonment for a felony.
(b) This chapter does not apply to an inmate who is:
(1) serving a sentence for a capital felony, other
than a life sentence under Section 12.31(a)(1), Penal Code; or
(2) serving a sentence for an offense under Section
21.02 or 22.021, Penal Code.
Art. 53.002. MOTION TO ADJUST SENTENCE.
(a) Notwithstanding any other law, on motion of the attorney
representing the state a court may grant a commutation of
punishment for an inmate in accordance with this chapter.
(b) A motion under this chapter must be filed by the
attorney representing the state for the jurisdiction in which the
inmate was convicted. The motion may be filed in any district court
in the county in which the inmate was convicted.
(c) A motion filed under this article must include:
(1) the cause number for the inmate's case;
(2) the name of the sentencing judge and date of
sentencing;
(3) the name of the agency responsible for the
prosecution; and
(4) a declaration of the reasons the attorney
representing the state believes the inmate is entitled to relief,
including any reason the attorney believes the inmate, if released,
would be able to safely return to the community, such as:
(A) the inmate's age at the time of the offense;
(B) any mitigating factors from the time of the
offense;
(C) any completed courses, treatment, or
achievements while imprisoned;
(D) any record of good behavior while imprisoned;
(E) any evidence of maturity or rehabilitation;
or
(F) any other recommendations as to the inmate's
suitability for release.
(d) A motion filed under this article may include
affidavits, documents, or other written material supporting the
inmate's motion.
(e) Once filed, the presiding judge of the administrative
judicial region shall assign the motion to a judge of a court in the
county that has jurisdiction over the category of offense of which
the inmate was convicted. The motion may not be assigned to the
original sentencing judge.
Art. 53.003. APPOINTMENT OF COUNSEL. (a) Not later than
the 15th day after the date a motion is filed under Article 53.002,
the court shall appoint counsel for the inmate unless the inmate has
previously retained counsel for this motion. Counsel shall
represent the inmate for all proceedings under this chapter,
including any appeal, unless the inmate expressly waives the right
to counsel after being fully advised by the court of the inmate's
rights.
(b) Not later than the 15th day after appointment, inmate's
counsel may file a motion for an extension of time to prepare a
supplement to the motion filed under Article 53.002. The court
shall grant counsel's motion for an extension of time unless the
court finds that there is good cause not to grant the motion.
Art. 53.004. HEARING. (a) A court may grant a motion filed
under this chapter without holding a hearing but may not deny a
motion without a hearing unless the inmate:
(1) is not eligible under Article 53.001; or
(2) has 12 months or less remaining before the inmate:
(A) discharges the inmate's sentence; or
(B) becomes eligible for release to mandatory
supervision under Section 508.147, Government Code.
(b) Subject to any extension granted under Article
53.003(b), any hearing required under this article must be held not
later than the 90th day after the date the motion is filed.
(c) At a hearing under this article, the court shall allow
parties to present additional evidence, including hearsay
evidence.
Art. 53.005. DECISION. (a) The court shall either state
in open court or file in writing the court's reasons for granting or
denying a motion under this chapter. The court shall issue the
court's decision not later than the 30th day after the date of the
hearing, or, if no hearing is held, not later than the 60th day
after the date of filing the motion, subject to any extension
granted under Article 53.003(b).
(b) The court shall grant the motion unless the court finds
by clear and convincing evidence that the inmate's release would
result in an unreasonable risk to the physical safety of the
community.
(c) There is a presumption that an inmate who is 50 years of
age or older is suitable for relief under this chapter. This
presumption may be rebutted by clear and convincing evidence that
the inmate poses an unreasonable risk to the physical safety of the
community. The presumption may not be rebutted solely by facts
related to the offense for which the inmate was convicted.
(d) In determining whether to grant the motion, the court
shall consider:
(1) the inmate's age at the time of the offense and the
diminished culpability of people under 26 years of age, as compared
to that of older adults, and the hallmark features of youth,
including immaturity, impetuosity, and failure to appreciate risks
and consequences;
(2) the inmate's current age and relevant data
regarding the decline in criminality as people age;
(3) any argument or evidence presented by the parties;
(4) any report and recommendation of the Texas
Department of Criminal Justice or the Board of Pardons and Paroles,
including information on the inmate's behavior while imprisoned,
specifically focusing on the five-year period preceding the date of
the motion;
(5) whether the inmate has demonstrated maturity,
rehabilitation, and fitness to reenter society sufficient to
justify a sentence reduction;
(6) any report from a physical, mental, or psychiatric
examination of the inmate conducted by a licensed health care
professional;
(7) mitigating evidence such as the family and
community circumstances of the inmate at the time of the offense,
including any history of abuse, trauma, or involvement in the child
protective services system;
(8) the role of the inmate in the offense and whether,
and to what extent, the inmate was influenced or encouraged by
others to commit the offense;
(9) the nature and circumstances of the offense and
whether the sentence imposed was disproportionate to the offense
committed;
(10) whether the sentence was disproportionate to the
sentence the inmate would have received had the inmate been
sentenced under the laws in effect on the date the motion is filed;
(11) whether there is evidence of racial disparities
in the length of sentence imposed for similar conduct;
(12) any available victim impact statement; and
(13) any other information the court considers
relevant to its decision.
(e) In considering an inmate's behavior under Subsection
(d)(4), the judge may consider whether the inmate has completed any
educational, vocational, or other programs that were available to
the inmate while confined, including any substance abuse or mental
health treatment.
(f) If the court grants the motion, the court shall reduce
the sentence:
(1) to time served and order the inmate's immediate
release; or
(2) as necessary to provide that the inmate is
confined only as long as is necessary for the Texas Department of
Criminal Justice to provide for a sufficient transition and release
plan.
(g) Notwithstanding any other law, the court may, in
granting relief under this chapter, reduce an inmate's sentence to
be below the statutory minimum for the offense that existed at the
time of the offense.
(h) The court may not increase a sentence under this
chapter.
Art. 53.006. APPEAL. (a) Except as provided by this
article, the Texas Rules of Appellate Procedure apply to all
hearings and orders under this chapter.
(b) Unless a court denies a motion filed under this chapter
on the sole grounds that the inmate is not eligible under Article
53.001, the inmate may appeal the denial.
(c) The appeal must be filed not later than the 30th day
after the date of the court's denial. The inmate must provide
notice of the appeal to the attorney representing the state.
(d) An appellate court, in reviewing a court's decision to
deny a motion under this chapter, shall accept the court's findings
of fact unless clearly erroneous while reviewing the legal judgment
de novo.
Art. 53.007. SUBSEQUENT MOTIONS. (a) An attorney
representing the state may file subsequent motions regarding an
inmate under this chapter on or after the fifth anniversary of the
date on which the previous motion was denied. An appeal by an inmate
does not affect the timeline for filing a subsequent motion.
(b) An attorney representing the state may file an unlimited
number of motions under this chapter.
Art. 53.008. DATA COLLECTION. (a) Each court shall
maintain the following information, disaggregated by age, race, and
gender:
(1) the total number of inmates for whom motions were
filed under this chapter;
(2) the total number of motions the court granted;
(3) the total number of motions the court denied; and
(4) the total number of pending motions.
(b) Each facility operated by or under contract with the
Texas Department of Criminal Justice shall maintain information on
the total number of inmates who meet the eligibility requirements
of Article 53.001.
(c) Not later than February 1 of each year, each court and
the Texas Department of Criminal Justice shall submit the
information maintained under this article for the preceding
calendar year to the Office of Court Administration of the Texas
Judicial System.
(d) Not later than March 1 of each year, the Office of Court
Administration of the Texas Judicial System shall analyze the
information submitted under Subsection (c) and submit a report
containing the results of the analysis to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each standing committee of the legislature with primary
jurisdiction over criminal justice matters.
SECTION 2. This Act takes effect January 1, 2022, 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
certain individuals serving a term of imprisonment is approved by
the voters. If that amendment is not approved by the voters, this
Act has no effect.