Texas 2023 - 88th Regular

Texas House Bill HB4518 Compare Versions

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1	1	88R21307 EAS-D
2	2	By: Cook, Collier H.B. No. 4518
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a court to grant a commutation of
8	8	punishment to certain individuals serving a term of imprisonment
9	9	and to victims' rights regarding a motion to grant a commutation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 1, Code of Criminal Procedure, is amended
12	12	by adding Chapter 53 to read as follows:
13	13	CHAPTER 53. JUDICIAL COMMUTATION
14	14	Art. 53.001. APPLICABILITY. This chapter does not apply to
15	15	an inmate who is serving a sentence for an offense listed in Article
16	16	42A.054(a) or for which the judgment contains an affirmative
17	17	finding under Article 42A.054(c) or (d).
18	18	Art. 53.002. MOTION TO GRANT COMMUTATION. (a)
19	19	Notwithstanding any other law, on motion of the attorney
20	20	representing the state a court may grant a commutation of
21	21	punishment in accordance with this chapter for an inmate serving a
22	22	term of imprisonment.
23	23	(b) A motion under this chapter must be filed by the
24	24	attorney representing the state for the jurisdiction in which the
25	25	inmate was convicted. The motion may be filed in any district court
26	26	in the county in which the inmate was convicted.
27	27	(c) Until the court has granted the motion, the attorney
28	28	representing the state may withdraw the motion. If the motion is
29	29	withdrawn, the court is prohibited from granting a commutation in
30	30	the case based on that motion.
31	31	Art. 53.003. DECISION. (a) In determining whether to grant
32	32	the motion, the court may consider:
33	33	(1) the inmate's disciplinary record and record of
34	34	rehabilitation while imprisoned;
35	35	(2) evidence that reflects whether the inmate's age,
36	36	time served, or diminished physical condition has reduced the
37	37	inmate's risk for committing an offense in the future; and
38	38	(3) evidence that reflects any change in the inmate's
39	39	circumstances since the original sentencing such that the inmate's
40	40	continued imprisonment is no longer in the interest of justice.
41	41	(b) Notwithstanding any other law, the court may, in
42	42	granting relief under this chapter, reduce an inmate's sentence to
43	43	a term that is less than the statutory minimum for the offense that
44	44	existed at the time of the offense, including by reducing the
45	45	sentence to time served and ordering the inmate's immediate
46	46	release.
47	47	(c) The court may not increase a sentence under this
48	48	chapter.
49	49	Art. 53.004. APPEAL. (a) Except as provided by this
50	50	article, the Texas Rules of Appellate Procedure apply to all
51	51	hearings and orders under this chapter.
52	52	(b) Neither the attorney representing the state nor the
53	53	inmate is entitled to appeal the court's decision to deny a motion
54	54	under this chapter.
55	55	SECTION 2. Article 56A.051, Code of Criminal Procedure, is
56	56	amended by amending Subsection (a) and adding Subsection (d) to
57	57	read as follows:
58	58	(a) A victim, guardian of a victim, or close relative of a
59	59	deceased victim is entitled to the following rights within the
60	60	criminal justice system:
61	61	(1) the right to receive from a law enforcement agency
62	62	adequate protection from harm and threats of harm arising from
63	63	cooperation with prosecution efforts;
64	64	(2) the right to have the magistrate consider the
65	65	safety of the victim or the victim's family in setting the amount of
66	66	bail for the defendant;
67	67	(3) if requested, the right to be informed:
68	68	(A) by the attorney representing the state of
69	69	relevant court proceedings, including appellate proceedings, and
70	70	to be informed if those proceedings have been canceled or
71	71	rescheduled before the event; and
72	72	(B) by an appellate court of the court's
73	73	decisions, after the decisions are entered but before the decisions
74	74	are made public;
75	75	(4) when requested, the right to be informed:
76	76	(A) by a peace officer concerning the defendant's
77	77	right to bail and the procedures in criminal investigations; and
78	78	(B) by the office of the attorney representing
79	79	the state concerning the general procedures in the criminal justice
80	80	system, including general procedures in guilty plea negotiations
81	81	and arrangements, restitution, and the appeals and parole process;
82	82	(5) the right to provide pertinent information to a
83	83	community supervision and corrections department conducting a
84	84	presentencing investigation concerning the impact of the offense on
85	85	the victim and the victim's family by testimony, written statement,
86	86	or any other manner before any sentencing of the defendant;
87	87	(6) the right to receive information regarding
88	88	compensation to victims of crime as provided by Chapter 56B,
89	89	including information related to the costs that may be compensated
90	90	under that chapter and the amount of compensation, eligibility for
91	91	compensation, and procedures for application for compensation
92	92	under that chapter, the payment for a forensic medical examination
93	93	under Article 56A.252 for a victim of an alleged sexual assault, and
94	94	when requested, to referral to available social service agencies
95	95	that may offer additional assistance;
96	96	(7) the right to:
97	97	(A) be informed, on request, of parole
98	98	procedures;
99	99	(B) participate in the parole process;
100	100	(C) provide to the board for inclusion in the
101	101	defendant's file information to be considered by the board before
102	102	the parole of any defendant convicted of any offense subject to this
103	103	chapter; and
104	104	(D) be notified, if requested, of parole
105	105	proceedings concerning a defendant in the victim's case and of the
106	106	defendant's release;
107	107	(8) the right to be provided with a waiting area,
108	108	separate or secure from other witnesses, including the defendant
109	109	and relatives of the defendant, before testifying in any proceeding
110	110	concerning the defendant; if a separate waiting area is not
111	111	available, other safeguards should be taken to minimize the
112	112	victim's contact with the defendant and the defendant's relatives
113	113	and witnesses, before and during court proceedings;
114	114	(9) the right to the prompt return of any of the
115	115	victim's property that is held by a law enforcement agency or the
116	116	attorney representing the state as evidence when the property is no
117	117	longer required for that purpose;
118	118	(10) the right to have the attorney representing the
119	119	state notify the victim's employer, if requested, that the victim's
120	120	cooperation and testimony is necessary in a proceeding that may
121	121	require the victim to be absent from work for good cause;
122	122	(11) the right to request victim-offender mediation
123	123	coordinated by the victim services division of the department;
124	124	(12) the right to be informed of the uses of a victim
125	125	impact statement and the statement's purpose in the criminal
126	126	justice system as described by Subchapter D, to complete the victim
127	127	impact statement, and to have the victim impact statement
128	128	considered:
129	129	(A) by the attorney representing the state and
130	130	the judge before sentencing or before a plea bargain agreement is
131	131	accepted; and
132	132	(B) by the board before a defendant is released
133	133	on parole;
134	134	(13) for a victim of an assault or sexual assault who
135	135	is younger than 17 years of age or whose case involves family
136	136	violence, as defined by Section 71.004, Family Code, the right to
137	137	have the court consider the impact on the victim of a continuance
138	138	requested by the defendant; if requested by the attorney
139	139	representing the state or by the defendant's attorney, the court
140	140	shall state on the record the reason for granting or denying the
141	141	continuance; [and]
142	142	(14) the right to be informed of any motion to grant a
143	143	commutation filed under Chapter 53 and to be informed of any
144	144	hearings or orders under that chapter; and
145	145	(15) if the offense is a capital felony, the right to:
146	146	(A) receive by mail from the court a written
147	147	explanation of defense-initiated victim outreach if the court has
148	148	authorized expenditures for a defense-initiated victim outreach
149	149	specialist;
150	150	(B) not be contacted by the victim outreach
151	151	specialist unless the victim, guardian, or relative has consented
152	152	to the contact by providing a written notice to the court; and
153	153	(C) designate a victim service provider to
154	154	receive all communications from a victim outreach specialist acting
155	155	on behalf of any person.
156	156	(d) If a victim notifies the attorney representing the state
157	157	that the victim opposes a motion to grant a commutation filed by
158	158	that attorney under Chapter 53, that attorney shall inform the
159	159	court of the victim's objections.
160	160	SECTION 3. This Act takes effect January 1, 2024, but only
161	161	if the constitutional amendment proposed by the 88th Legislature,
162	162	Regular Session, 2023, authorizing the legislature to enact laws
163	163	providing for a court to grant a commutation of punishment to
164	164	certain individuals serving a term of imprisonment is approved by
165	165	the voters. If that amendment is not approved by the voters, this
166	166	Act has no effect.