By: Collier H.B. No. 4337
A BILL TO BE ENTITLED
AN ACT
relating to authority of a court to reduce or modify a defendant's
sentence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 44, Code of Criminal Procedure, is
amended by adding Article 44.26 to read as follows:
Art. 44.26. SENTENCE REDUCTION OR MODIFICATION FOR CERTAIN
DEFENDANTS. (a) This article applies only to a defendant who has
served not less than 10 years of a term of imprisonment for an
offense other than an offense listed in Article 42A.054(a).
(b) The court in which a defendant was convicted may, on
motion of the defendant and with the consent of the attorney
representing the state, reduce or modify the defendant's sentence
in accordance with Subsection (d) if the court finds that:
(1) the defendant:
(A) is not a danger to the community or any
person;
(B) presents no credible risk of criminal
conduct; or
(C) demonstrates a readiness for reentry; and
(2) the interests of justice support the reduction or
modification.
(c) In determining whether to grant a motion under this
article, the court shall consider the following:
(1) the defendant's current age and age at the time of
the offense;
(2) relevant data on increasing age as correlated with
declining criminality;
(3) whether the defendant has demonstrated levels of
maturity, rehabilitation, and fitness to reenter society that are
sufficient to justify a sentence reduction or modification;
(4) the family and community circumstances of the
defendant at the time of the offense, including any history of abuse
or involvement in the child protective services system, and the
potential benefits to the defendant's children and other family
members of a reunification with the defendant;
(5) the extent of the defendant's role in the offense;
(6) if the defendant was a juvenile at the time of the
offense:
(A) the diminished culpability of juveniles
compared to adults; and
(B) whether and to what extent an adult was
involved in the commission of the offense;
(7) if available:
(A) any report and recommendation of the Board of
Pardons and Paroles, including information on the defendant's
completion of any educational, vocational, or other programs while
confined in the Texas Department of Criminal Justice;
(B) any report and recommendation of the attorney
representing the state in the county in which the defendant was
convicted;
(C) any statement from the victim of the offense
or a family member of the victim, if the victim is deceased; and
(D) any physical or mental examination of the
defendant; and
(8) any other relevant information.
(d) The authority of the court in granting a motion under
this article is limited to:
(1) reducing the number of years of imprisonment
remaining on the defendant's sentence; or
(2) modifying the defendant's sentence to require the
defendant to serve the remaining sentence or a reduced sentence
under any combination of imprisonment or community supervision
under Chapter 42A, except that any term of community supervision
required may not exceed five years.
(e) There is a rebuttable presumption that a defendant who
is 50 years of age or older satisfies the conditions described by
Subsection (b) that are necessary for the court to grant the motion
filed by the defendant.
(f) The court may hold a hearing to consider a motion filed
under this article. If the court holds a hearing, the court shall
provide notice of the hearing to the attorney representing the
state. The attorney representing the state shall provide notice of
the hearing to any victim of the defendant's offense who as a result
of the offense suffered bodily injury, as that term is defined by
Section 1.07, Penal Code.
(g) The court is not required to hold a hearing before
granting a motion if:
(1) the attorney representing the state consents in
writing to granting the motion; and
(2) the defendant has waived in writing the
defendant's right to be present when the motion is considered.
(h) If the court grants the motion, the court shall issue a
written order stating the court's reasons for entering the findings
described by this article. The court may deny the motion without
holding a hearing or without specifying in writing the reasons for
the denial.
(i) If the court denies the motion, the defendant may file
additional motions under this article only as follows:
(1) subject to Subsection (j), a second motion may be
filed on or after the fifth anniversary of the court's order denying
the motion;
(2) a third motion may be filed on or after the second
anniversary of, as applicable:
(A) the court's order denying the second motion;
or
(B) the disposition of the defendant's appeal of
the order denying the defendant's first motion; and
(3) a defendant who is 50 years of age or older may
file a fourth and final motion at any time after the court has
denied the third motion.
(j) The defendant or the attorney representing the state may
appeal an order of the court under this article only with respect to
a defendant's first motion or a final motion. For purposes of
Subsection (i), an appeal of a first motion by a defendant is
considered to be the defendant's second motion filed under this
article.
(k) A defendant may not waive the right to file a motion
under this article as part of a plea agreement. A waiver in
violation of this subsection is unenforceable. This subsection does
not prohibit the court from denying a defendant's motion based on
other grounds, including the failure of the defendant to comply
with the requirements of this article.
SECTION 2. The change in law made by this Act applies to a
defendant serving a sentence described by Article 44.26(a), Code of
Criminal Procedure, as added by this Act, regardless of whether the
offense for which the defendant is serving the sentence occurred
before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect December 1, 2021, but only
if the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, 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 is approved by the voters. If that
amendment is not approved by the voters, this Act has no effect.