88R21307 EAS-D
By: Cook, Collier H.B. No. 4518
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a court to grant a commutation of
punishment to certain individuals serving a term of imprisonment
and to victims' rights regarding a motion to grant a commutation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 53 to read as follows:
CHAPTER 53. JUDICIAL COMMUTATION
Art. 53.001. APPLICABILITY. This chapter 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).
Art. 53.002. MOTION TO GRANT COMMUTATION. (a)
Notwithstanding any other law, on motion of the attorney
representing the state a court may grant a commutation of
punishment in accordance with this chapter for an inmate serving a
term of imprisonment.
(b) A motion under this chapter must be filed by the
attorney representing the state for the jurisdiction in which the
inmate was convicted. The motion may be filed in any district court
in the county in which the inmate was convicted.
(c) Until the court has granted the motion, the attorney
representing the state may withdraw the motion. If the motion is
withdrawn, the court is prohibited from granting a commutation in
the case based on that motion.
Art. 53.003. DECISION. (a) 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.
(b) Notwithstanding any other law, the court may, in
granting relief under this chapter, 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, including by reducing the
sentence to time served and ordering the inmate's immediate
release.
(c) The court may not increase a sentence under this
chapter.
Art. 53.004. APPEAL. (a) Except as provided by this
article, the Texas Rules of Appellate Procedure apply to all
hearings and orders under this chapter.
(b) Neither the attorney representing the state nor the
inmate is entitled to appeal the court's decision to deny a motion
under this chapter.
SECTION 2. Article 56A.051, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from a law enforcement agency
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate consider the
safety of the victim or the victim's family in setting the amount of
bail for the defendant;
(3) if requested, the right to be informed:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled before the event; and
(B) by an appellate court of the court's
decisions, after the decisions are entered but before the decisions
are made public;
(4) when requested, the right to be informed:
(A) by a peace officer concerning the defendant's
right to bail and the procedures in criminal investigations; and
(B) by the office of the attorney representing
the state concerning the general procedures in the criminal justice
system, including general procedures in guilty plea negotiations
and arrangements, restitution, and the appeals and parole process;
(5) the right to provide pertinent information to a
community supervision and corrections department conducting a
presentencing investigation concerning the impact of the offense on
the victim and the victim's family by testimony, written statement,
or any other manner before any sentencing of the defendant;
(6) the right to receive information regarding
compensation to victims of crime as provided by Chapter 56B,
including information related to the costs that may be compensated
under that chapter and the amount of compensation, eligibility for
compensation, and procedures for application for compensation
under that chapter, the payment for a forensic medical examination
under Article 56A.252 for a victim of an alleged sexual assault, and
when requested, to referral to available social service agencies
that may offer additional assistance;
(7) the right to:
(A) be informed, on request, of parole
procedures;
(B) participate in the parole process;
(C) provide to the board for inclusion in the
defendant's file information to be considered by the board before
the parole of any defendant convicted of any offense subject to this
chapter; and
(D) be notified, if requested, of parole
proceedings concerning a defendant in the victim's case and of the
defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the defendant
and relatives of the defendant, before testifying in any proceeding
concerning the defendant; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the defendant and the defendant's relatives
and witnesses, before and during court proceedings;
(9) the right to the prompt return of any of the
victim's property that is held by a law enforcement agency or the
attorney representing the state as evidence when the property is no
longer required for that purpose;
(10) the right to have the attorney representing the
state notify the victim's employer, if requested, that the victim's
cooperation and testimony is necessary in a proceeding that may
require the victim to be absent from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the department;
(12) the right to be informed of the uses of a victim
impact statement and the statement's purpose in the criminal
justice system as described by Subchapter D, to complete the victim
impact statement, and to have the victim impact statement
considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the board before a defendant is released
on parole;
(13) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by the defendant's attorney, the court
shall state on the record the reason for granting or denying the
continuance; [and]
(14) the right to be informed of any motion to grant a
commutation filed under Chapter 53 and to be informed of any
hearings or orders under that chapter; and
(15) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
(d) If a victim notifies the attorney representing the state
that the victim opposes a motion to grant a commutation filed by
that attorney under Chapter 53, that attorney shall inform the
court of the victim's objections.
SECTION 3. 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.