87R11951 TSS-D
By: Sherman, Sr. H.B. No. 3586
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Sentencing Commission and to
the collection and analysis of certain criminal sentencing
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.25 to read as follows:
Art. 42.25. SENTENCING INFORMATION FORM. On accepting a
plea of guilty or nolo contendere or entering an adjudication of
guilt, the judge shall complete and return the sentencing
information form made available by the Office of Court
Administration of the Texas Judicial System under Section 72.257,
Government Code.
SECTION 2. Chapter 72, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. TEXAS SENTENCING COMMISSION
Sec. 72.251. DEFINITIONS. In this subchapter, "commission"
means the Texas Sentencing Commission.
Sec. 72.252. ESTABLISHMENT. The Texas Sentencing
Commission is established to ensure that criminal sentencing in
this state is justly implemented to:
(1) punish an offender commensurate with:
(A) the nature and extent of the harm caused by
the offense committed; and
(B) facts or circumstances that mitigate the
offender's culpability; and
(2) rehabilitate the offender so that the offender may
successfully reenter the offender's community.
Sec. 72.253. COMPOSITION; TERMS. (a) The commission is
composed of the following members:
(1) nine voting members, appointed by the governor,
including:
(A) three members who are judges of district or
county courts who hear criminal cases;
(B) two members who are prosecuting attorneys;
and
(C) two members who are public defenders;
(2) one advisory member appointed by the senate
committee with primary jurisdiction over the judiciary; and
(3) one advisory member appointed by the house
committee with primary jurisdiction over the judiciary.
(b) The governor shall select a member of the commission to
serve as presiding officer.
(c) Members of the commission serve staggered four-year
terms, with the terms of four or five members expiring on February 1
of each odd-numbered year.
(d) A vacancy on the commission shall be filled in the same
manner as the original appointment.
Sec. 72.254. STAFF. The commission may employ an executive
director, an assistant director, two attorneys licensed to practice
in this state, and an intern as necessary to administer the
commission's functions.
Sec. 72.255. MEETINGS. The commission shall meet at least
four times each year at the call of the presiding officer.
Sec. 72.256. COMPENSATION; REIMBURSEMENT OF EXPENSES. A
member of the commission is not entitled to compensation for
service on the commission or reimbursement of expenses incurred in
performing functions as a commission member.
Sec. 72.257. DUTIES OF COMMISSION. The commission shall:
(1) evaluate the efficacy of sentencing laws and
policies throughout the state;
(2) develop suggested sentencing standards for each
trial judge in this state that hears criminal cases;
(3) develop a sentencing information form to be used
by each trial judge in this state that hears criminal cases that
requires the judge to provide the following information regarding
each criminal case:
(A) demographic information of the offender and
each victim, if known;
(B) the outcome of the case;
(C) a description of the sentence ordered, if
any;
(D) the reasons the sentence ordered differed
from the suggested sentencing standard developed under Subdivision
(2), if known and applicable, and
(E) the signature of the judge and the
prosecuting attorney;
(4) analyze the information included on each
sentencing information form collected by the office and returned to
the commission; and
(5) update sentencing standards and forms developed
under this subsection as necessary to better achieve the
commission's purpose under Section 72.252.
Sec. 72.258. BIENNIAL REPORT. The commission shall submit
a biennial report to the legislature not later than November 1 of
each even-numbered year detailing the commission's legislative
recommendations relating to sentencing in criminal cases.
Sec. 72.259. SENTENCING STANDARDS AND FORMS. (a) The
office shall make available the sentencing standards and form
developed by the commission under Section 72.257 to each trial
judge in this state that hears criminal cases and make the standards
and form available on the office's Internet website.
(b) The office shall develop and implement a procedure to
collect completed sentencing information forms under this section
and return the forms to the commission.
Sec. 72.260. ADMINISTRATIVE SUPPORT. The office shall
provide administrative and technical support services to the
commission as necessary to carry out the purposes of this
subchapter.
SECTION 3. As soon as practicable after the effective date
of this Act, the appropriate persons shall appoint the members of
the Texas Sentencing Commission created by Subchapter H, Chapter
72, Government Code, as added by this Act.
SECTION 4. As soon as practicable after the effective date
of this Act, the Office of Court Administration of the Texas
Judicial System shall make available on the office's Internet
website all forms and materials required by Section 72.257,
Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2021.