Texas 2023 - 88th Regular

Texas House Bill HB909 Compare Versions

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1	1	88R3647 EAS-F
2	2	By: Moody H.B. No. 909
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	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Code of Criminal Procedure, is amended
11	11	by adding Chapter 53 to read as follows:
12	12	CHAPTER 53. JUDICIAL COMMUTATION
13	13	Art. 53.001. APPLICABILITY. (a) Except as provided by
14	14	Subsection (b), this chapter applies only to an inmate confined in
15	15	the Texas Department of Criminal Justice who:
16	16	(1) is 50 years of age or older and has served at least
17	17	15 years of a term of imprisonment for a felony; or
18	18	(2) is 35 years of age or older but younger than 50
19	19	years of age and has served at least 20 years of a term of
20	20	imprisonment for a felony.
21	21	(b) This chapter does not apply to an inmate who is:
22	22	(1) serving a sentence for a capital felony, other
23	23	than a life sentence under Section 12.31(a)(1), Penal Code; or
24	24	(2) serving a sentence for an offense under Section
25	25	21.02 or 22.021, Penal Code.
26	26	Art. 53.002. MOTION TO ADJUST SENTENCE.
27	27	(a) Notwithstanding any other law, on motion of the attorney
28	28	representing the state a court may grant a commutation of
29	29	punishment for an inmate in accordance with this chapter.
30	30	(b) A motion under this chapter must be filed by the
31	31	attorney representing the state for the jurisdiction in which the
32	32	inmate was convicted. The motion may be filed in any district court
33	33	in the county in which the inmate was convicted.
34	34	(c) A motion filed under this article must include:
35	35	(1) the cause number for the inmate's case;
36	36	(2) the name of the sentencing judge and date of
37	37	sentencing;
38	38	(3) the name of the agency responsible for the
39	39	prosecution; and
40	40	(4) a declaration of the reasons the attorney
41	41	representing the state believes the inmate is entitled to relief,
42	42	including any reason the attorney believes the inmate, if released,
43	43	would be able to safely return to the community, such as:
44	44	(A) the inmate's age at the time of the offense;
45	45	(B) any mitigating factors from the time of the
46	46	offense;
47	47	(C) any completed courses, treatment, or
48	48	achievements while imprisoned;
49	49	(D) any record of good behavior while imprisoned;
50	50	(E) any evidence of maturity or rehabilitation;
51	51	or
52	52	(F) any other recommendations regarding the
53	53	inmate's suitability for release under this chapter.
54	54	(d) A motion filed under this article may include
55	55	affidavits, documents, or other written material supporting the
56	56	inmate's motion.
57	57	(e) Once filed, the presiding judge of the administrative
58	58	judicial region shall assign the motion to a judge of a court in the
59	59	county that has jurisdiction over the category of offense of which
60	60	the inmate was convicted. The motion may not be assigned to the
61	61	original sentencing judge.
62	62	Art. 53.003. APPOINTMENT OF COUNSEL. (a) Not later than
63	63	the 15th day after the date a motion is filed under Article 53.002,
64	64	the court shall appoint counsel for the inmate unless the inmate has
65	65	previously retained counsel for the purpose. Counsel shall
66	66	represent the inmate for all proceedings under this chapter,
67	67	including any appeal, unless the inmate expressly waives the right
68	68	to counsel after being fully advised by the court of the inmate's
69	69	rights.
70	70	(b) Not later than the 15th day after appointment, the
71	71	inmate's counsel may file a motion for an extension of time to
72	72	prepare a supplement to the motion filed under Article 53.002. The
73	73	court shall grant the motion for an extension of time unless the
74	74	court finds that there is good cause not to grant the motion.
75	75	Art. 53.004. HEARING. (a) A court may grant a motion filed
76	76	under this chapter without holding a hearing but may not deny a
77	77	motion without a hearing unless the inmate:
78	78	(1) is not eligible under Article 53.001; or
79	79	(2) has 12 months or less remaining before the inmate:
80	80	(A) discharges the inmate's sentence; or
81	81	(B) becomes eligible for release to mandatory
82	82	supervision under Section 508.147, Government Code.
83	83	(b) Subject to any extension granted under Article
84	84	53.003(b), any hearing required under this article must be held not
85	85	later than the 90th day after the date the motion is filed.
86	86	(c) At a hearing under this article, the court shall allow
87	87	the parties to present additional evidence, including hearsay
88	88	evidence.
89	89	Art. 53.005. DECISION. (a) A court shall grant a motion
90	90	filed under this chapter unless the court finds by clear and
91	91	convincing evidence that the inmate's release would result in an
92	92	unreasonable risk to the physical safety of the community. The
93	93	court shall either state in open court or file in writing the
94	94	court's reasons for granting or denying the motion.
95	95	(b) The court shall issue the court's decision not later
96	96	than the 30th day after the date of the hearing, or, if no hearing is
97	97	held, not later than the 60th day after the date of filing the
98	98	motion, subject to any extension granted under Article 53.003(b).
99	99	(c) An inmate who is 50 years of age or older is presumed to
100	100	be suitable for release under this chapter. This presumption may be
101	101	rebutted by clear and convincing evidence that the inmate poses an
102	102	unreasonable risk to the physical safety of the community. The
103	103	presumption may not be rebutted solely by facts related to the
104	104	offense for which the inmate was convicted.
105	105	(d) In determining whether to grant the motion, the court
106	106	shall consider:
107	107	(1) the inmate's age at the time of the offense and the
108	108	diminished culpability of people under 26 years of age, as compared
109	109	to that of older adults, and the hallmark features of youth,
110	110	including immaturity, impetuosity, and failure to appreciate risks
111	111	and consequences;
112	112	(2) the inmate's current age and relevant data
113	113	regarding the decline in criminality as people age;
114	114	(3) any argument or evidence presented by the parties;
115	115	(4) any report and recommendation of the Texas
116	116	Department of Criminal Justice or the Board of Pardons and Paroles,
117	117	including information on the inmate's behavior while imprisoned,
118	118	specifically focusing on the five-year period preceding the date of
119	119	the motion;
120	120	(5) whether the inmate has demonstrated maturity,
121	121	rehabilitation, and fitness to reenter society sufficient to
122	122	justify a sentence reduction;
123	123	(6) any report from a physical, mental, or psychiatric
124	124	examination of the inmate conducted by a licensed health care
125	125	professional;
126	126	(7) mitigating evidence such as the family and
127	127	community circumstances of the inmate at the time of the offense,
128	128	including any history of abuse, trauma, or involvement in the child
129	129	protective services system;
130	130	(8) the role of the inmate in the offense and whether,
131	131	and to what extent, the inmate was influenced or encouraged by
132	132	others to commit the offense;
133	133	(9) the nature and circumstances of the offense and
134	134	whether the sentence imposed was disproportionate to the offense
135	135	committed;
136	136	(10) whether the sentence was disproportionate to the
137	137	sentence the inmate would have received had the inmate been
138	138	sentenced under the laws in effect on the date the motion was filed;
139	139	(11) whether there is evidence of racial disparities
140	140	in the length of sentence imposed for similar conduct;
141	141	(12) any available victim impact statement; and
142	142	(13) any other information the court considers
143	143	relevant to its decision.
144	144	(e) In considering an inmate's behavior under Subsection
145	145	(d)(4), the court may consider whether the inmate has completed any
146	146	educational, vocational, or other programs that were available to
147	147	the inmate while confined, including any substance abuse or mental
148	148	health treatment.
149	149	(f) If the court grants the motion, the court shall reduce
150	150	the sentence:
151	151	(1) to time served and order the inmate's immediate
152	152	release; or
153	153	(2) as necessary to provide that the inmate is
154	154	confined only as long as is necessary for the Texas Department of
155	155	Criminal Justice to provide for a sufficient transition and release
156	156	plan.
157	157	(g) Notwithstanding any other law, the court may, in
158	158	granting relief under this chapter, reduce an inmate's sentence to
159	159	a term that is less than the statutory minimum for the offense that
160	160	existed at the time of the offense.
161	161	(h) The court may not increase a sentence under this
162	162	chapter.
163	163	Art. 53.006. APPEAL. (a) Except as provided by this
164	164	article, the Texas Rules of Appellate Procedure apply to all
165	165	hearings and orders under this chapter.
166	166	(b) Unless a court denies a motion filed under this chapter
167	167	on the sole grounds that the inmate is not eligible under Article
168	168	53.001, the inmate may appeal the denial.
169	169	(c) The appeal must be filed not later than the 30th day
170	170	after the date of the court's denial. The inmate must provide
171	171	notice of the appeal to the attorney representing the state.
172	172	(d) An appellate court, in reviewing a court's decision to
173	173	deny a motion under this chapter, shall accept the court's findings
174	174	of fact while reviewing the legal judgment de novo unless the
175	175	findings are clearly erroneous.
176	176	Art. 53.007. SUBSEQUENT MOTIONS. (a) An attorney
177	177	representing the state may file subsequent motions regarding an
178	178	inmate under this chapter on or after the fifth anniversary of the
179	179	date on which the previous motion was denied. An appeal by an inmate
180	180	does not affect the timeline for filing a subsequent motion.
181	181	(b) An attorney representing the state may file an unlimited
182	182	number of motions under this chapter.
183	183	Art. 53.008. DATA COLLECTION. (a) Each court shall
184	184	maintain the following information, disaggregated by age, race, and
185	185	gender:
186	186	(1) the total number of inmates for whom motions were
187	187	filed under this chapter;
188	188	(2) the total number of motions the court granted;
189	189	(3) the total number of motions the court denied; and
190	190	(4) the total number of pending motions.
191	191	(b) Each facility operated by or under contract with the
192	192	Texas Department of Criminal Justice shall maintain information on
193	193	the total number of inmates who meet the eligibility requirements
194	194	of Article 53.001.
195	195	(c) Not later than February 1 of each year, each court and
196	196	the Texas Department of Criminal Justice shall submit the
197	197	information maintained under this article for the preceding
198	198	calendar year to the Office of Court Administration of the Texas
199	199	Judicial System.
200	200	(d) Not later than March 1 of each year, the Office of Court
201	201	Administration of the Texas Judicial System shall analyze the
202	202	information submitted under Subsection (c) and submit a report
203	203	containing the results of the analysis to the governor, the
204	204	lieutenant governor, the speaker of the house of representatives,
205	205	and each standing committee of the legislature with primary
206	206	jurisdiction over criminal justice matters.
207	207	SECTION 2. This Act takes effect January 1, 2024, but only
208	208	if the constitutional amendment proposed by the 88th Legislature,
209	209	Regular Session, 2023, authorizing the legislature to enact laws
210	210	providing for a court to grant a commutation of punishment to
211	211	certain individuals serving a term of imprisonment is approved by
212	212	the voters. If that amendment is not approved by the voters, this
213	213	Act has no effect.