Texas 2021 - 87th Regular

Texas House Bill HB4337

Caption

Relating to authority of a court to reduce or modify a defendant's sentence.

Impact

The provisions of the bill introduce Article 44.26 to the Code of Criminal Procedure, emphasizing factors such as the age of the defendant, their role in the offense, and history of rehabilitation when considering sentence modifications. A rebuttable presumption exists for those aged 50 years or older, suggesting that they are more likely to meet the criteria for reduction. By granting courts this flexibility, the bill seeks to align judicial authority with rehabilitative justice principles, possibly reducing recidivism and facilitating better reintegration of former inmates into society.

Summary

House Bill 4337 addresses the authority of courts in Texas to reduce or modify the sentences of certain defendants after they have served at least 10 years of their imprisonment. The bill specifies that the courts can grant such motions only when the defendant is deemed not to be a danger to the community, shows no credible risk of criminal conduct, and has demonstrated readiness for reentry into society. This legislation aims to provide an avenue for rehabilitation and second chances for inmates who have made significant progress while incarcerated.

Contention

Some points of contention surrounding HB 4337 may arise from the perspectives of victims and community advocates, who may perceive sentence modifications as undermining justice and public safety. Concerns are likely to be raised regarding the risk of offenders being released too soon or without adequate accountability, particularly for serious crimes. Conversely, proponents argue that the bill provides an essential mechanism for addressing outdated punitive measures and fosters a system focused on rehabilitation rather than mere punishment.

Companion Bills

TX HJR156

Enabling for Proposing a constitutional amendment authorizing the legislature to enact laws providing for a district court to reduce or modify a sentence imposing a term of imprisonment for a person who has served not less than 10 years of the term.

Similar Bills

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MI HB4739

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MI HB4738

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HI SB725

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HI HB675

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AZ SB1556

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IL HB3045

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LA HB443

Provides relative to the payment of fines, fees, costs, restitution, and other monetary obligations related to an offender's conviction