88R14354 EAS-D
By: Cook H.B. No. 4518
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a court to grant a motion for
resentencing in certain criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 41 to read as follows:
CHAPTER 41. RESENTENCING
Art. 41.001. RESENTENCING ON MOTION BY AGREEMENT OF
PARTIES. (a) In this article, "attorney representing the state"
means a district attorney, a criminal district attorney, or a
county attorney with criminal jurisdiction.
(b) This article does not apply to an inmate who is serving a
sentence for an offense listed in Article 42A.054(a) or for which
the judgment contains an affirmative finding under Article
42A.054(c) or (d).
(c) Notwithstanding any other law, at any time during the
period of a term of imprisonment, an inmate may, with the written
consent of the attorney representing the state, file a motion for
resentencing with the convicting court. The motion must include an
agreed statement of facts for the court to consider.
(d) The court may, after a hearing, grant a motion for
resentencing in the interest of justice. The court may rely on the
agreed statement of facts in granting the motion, and the agreed
statement may constitute the entire record in the cause.
(e) Neither the attorney representing the state nor the
inmate is entitled to appeal the court's decision to deny a motion
for resentencing.
(f) The attorney representing the state may condition the
attorney's consent to a motion for resentencing on any appropriate
reason, including a requirement that the inmate:
(1) accept a specific punishment;
(2) waive the inmate's parole eligibility as part of
any punishment agreement; or
(3) waive the inmate's right to appeal.
(g) Until the court has granted the motion under this
article, the inmate may withdraw the motion or the attorney
representing the state may withdraw consent to the motion. If the
motion or consent is withdrawn, the court is prohibited from
granting a resentencing in the case based on that motion.
(h) In determining whether to grant the motion, the court
may consider:
(1) the inmate's disciplinary record and record of
rehabilitation while imprisoned;
(2) evidence that reflects whether the inmate's age,
time served, or diminished physical condition has reduced the
inmate's risk for committing an offense in the future; and
(3) evidence that reflects any change in the inmate's
circumstances since the original sentencing such that the inmate's
continued imprisonment is no longer in the interest of justice.
(i) If the court grants the motion, the court may reduce the
sentence, including by reducing the sentence to time served and
ordering the inmate's immediate release.
(j) Notwithstanding any other law, if at the time of
resentencing, the minimum punishment for the offense is less than
that in effect at the time of the offense, the court may reduce an
inmate's sentence to a term that is less than the statutory minimum
for the offense that existed at the time of the offense.
(k) The court may not increase a sentence under this
article.
(l) The Texas Rules of Appellate Procedure apply to all
hearings and orders under this article.
SECTION 2. This Act takes effect January 1, 2024, but only
if the constitutional amendment proposed by the 88th Legislature,
Regular Session, 2023, 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.