Texas 2021 - 87th Regular

Texas House Bill HB3586 Compare Versions

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

Old	New	Differences
1	1	87R11951 TSS-D
2	2	By: Sherman, Sr. H.B. No. 3586
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Texas Sentencing Commission and to
8	8	the collection and analysis of certain criminal sentencing
9	9	information.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 42, Code of Criminal Procedure, is
12	12	amended by adding Article 42.25 to read as follows:
13	13	Art. 42.25. SENTENCING INFORMATION FORM. On accepting a
14	14	plea of guilty or nolo contendere or entering an adjudication of
15	15	guilt, the judge shall complete and return the sentencing
16	16	information form made available by the Office of Court
17	17	Administration of the Texas Judicial System under Section 72.257,
18	18	Government Code.
19	19	SECTION 2. Chapter 72, Government Code, is amended by
20	20	adding Subchapter H to read as follows:
21	21	SUBCHAPTER H. TEXAS SENTENCING COMMISSION
22	22	Sec. 72.251. DEFINITIONS. In this subchapter, "commission"
23	23	means the Texas Sentencing Commission.
24	24	Sec. 72.252. ESTABLISHMENT. The Texas Sentencing
25	25	Commission is established to ensure that criminal sentencing in
26	26	this state is justly implemented to:
27	27	(1) punish an offender commensurate with:
28	28	(A) the nature and extent of the harm caused by
29	29	the offense committed; and
30	30	(B) facts or circumstances that mitigate the
31	31	offender's culpability; and
32	32	(2) rehabilitate the offender so that the offender may
33	33	successfully reenter the offender's community.
34	34	Sec. 72.253. COMPOSITION; TERMS. (a) The commission is
35	35	composed of the following members:
36	36	(1) nine voting members, appointed by the governor,
37	37	including:
38	38	(A) three members who are judges of district or
39	39	county courts who hear criminal cases;
40	40	(B) two members who are prosecuting attorneys;
41	41	and
42	42	(C) two members who are public defenders;
43	43	(2) one advisory member appointed by the senate
44	44	committee with primary jurisdiction over the judiciary; and
45	45	(3) one advisory member appointed by the house
46	46	committee with primary jurisdiction over the judiciary.
47	47	(b) The governor shall select a member of the commission to
48	48	serve as presiding officer.
49	49	(c) Members of the commission serve staggered four-year
50	50	terms, with the terms of four or five members expiring on February 1
51	51	of each odd-numbered year.
52	52	(d) A vacancy on the commission shall be filled in the same
53	53	manner as the original appointment.
54	54	Sec. 72.254. STAFF. The commission may employ an executive
55	55	director, an assistant director, two attorneys licensed to practice
56	56	in this state, and an intern as necessary to administer the
57	57	commission's functions.
58	58	Sec. 72.255. MEETINGS. The commission shall meet at least
59	59	four times each year at the call of the presiding officer.
60	60	Sec. 72.256. COMPENSATION; REIMBURSEMENT OF EXPENSES. A
61	61	member of the commission is not entitled to compensation for
62	62	service on the commission or reimbursement of expenses incurred in
63	63	performing functions as a commission member.
64	64	Sec. 72.257. DUTIES OF COMMISSION. The commission shall:
65	65	(1) evaluate the efficacy of sentencing laws and
66	66	policies throughout the state;
67	67	(2) develop suggested sentencing standards for each
68	68	trial judge in this state that hears criminal cases;
69	69	(3) develop a sentencing information form to be used
70	70	by each trial judge in this state that hears criminal cases that
71	71	requires the judge to provide the following information regarding
72	72	each criminal case:
73	73	(A) demographic information of the offender and
74	74	each victim, if known;
75	75	(B) the outcome of the case;
76	76	(C) a description of the sentence ordered, if
77	77	any;
78	78	(D) the reasons the sentence ordered differed
79	79	from the suggested sentencing standard developed under Subdivision
80	80	(2), if known and applicable, and
81	81	(E) the signature of the judge and the
82	82	prosecuting attorney;
83	83	(4) analyze the information included on each
84	84	sentencing information form collected by the office and returned to
85	85	the commission; and
86	86	(5) update sentencing standards and forms developed
87	87	under this subsection as necessary to better achieve the
88	88	commission's purpose under Section 72.252.
89	89	Sec. 72.258. BIENNIAL REPORT. The commission shall submit
90	90	a biennial report to the legislature not later than November 1 of
91	91	each even-numbered year detailing the commission's legislative
92	92	recommendations relating to sentencing in criminal cases.
93	93	Sec. 72.259. SENTENCING STANDARDS AND FORMS. (a) The
94	94	office shall make available the sentencing standards and form
95	95	developed by the commission under Section 72.257 to each trial
96	96	judge in this state that hears criminal cases and make the standards
97	97	and form available on the office's Internet website.
98	98	(b) The office shall develop and implement a procedure to
99	99	collect completed sentencing information forms under this section
100	100	and return the forms to the commission.
101	101	Sec. 72.260. ADMINISTRATIVE SUPPORT. The office shall
102	102	provide administrative and technical support services to the
103	103	commission as necessary to carry out the purposes of this
104	104	subchapter.
105	105	SECTION 3. As soon as practicable after the effective date
106	106	of this Act, the appropriate persons shall appoint the members of
107	107	the Texas Sentencing Commission created by Subchapter H, Chapter
108	108	72, Government Code, as added by this Act.
109	109	SECTION 4. As soon as practicable after the effective date
110	110	of this Act, the Office of Court Administration of the Texas
111	111	Judicial System shall make available on the office's Internet
112	112	website all forms and materials required by Section 72.257,
113	113	Government Code, as added by this Act.
114	114	SECTION 5. This Act takes effect September 1, 2021.