Texas 2025 - 89th Regular

Texas House Bill HB1852 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6613 EAS-F
2	2	By: Collier H.B. No. 1852
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authority of a court to reduce or modify a defendant's
10	10	sentence.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 44, Code of Criminal Procedure, is
13	13	amended by adding Article 44.26 to read as follows:
14	14	Art. 44.26. SENTENCE REDUCTION OR MODIFICATION FOR CERTAIN
15	15	DEFENDANTS. (a) This article applies only to a defendant who has
16	16	served not less than 10 years of a term of imprisonment for an
17	17	offense other than an offense listed in Article 42A.054(a).
18	18	(b) The court in which a defendant was convicted may, on
19	19	motion of the defendant and with the written consent of the attorney
20	20	representing the state, reduce or modify the defendant's sentence
21	21	in accordance with Subsection (d) if the court finds by a
22	22	preponderance of the evidence that:
23	23	(1) the defendant:
24	24	(A) is not a danger to the community or any
25	25	person;
26	26	(B) presents no credible risk of criminal
27	27	conduct; or
28	28	(C) demonstrates a readiness for reentry; and
29	29	(2) the interests of justice support the reduction or
30	30	modification.
31	31	(c) In determining whether to grant a motion under this
32	32	article, the court shall consider the following:
33	33	(1) the defendant's current age and age at the time of
34	34	the offense;
35	35	(2) relevant data on increasing age as correlated with
36	36	declining criminality;
37	37	(3) whether the defendant has demonstrated levels of
38	38	maturity, rehabilitation, and fitness to reenter society that are
39	39	sufficient to justify a sentence reduction or modification;
40	40	(4) the family and community circumstances of the
41	41	defendant at the time of the offense, including any history of abuse
42	42	or involvement in the child protective services system, and the
43	43	potential benefits to the defendant's children and other family
44	44	members of a reunification with the defendant;
45	45	(5) the extent of the defendant's role in the offense;
46	46	(6) if the defendant was a juvenile at the time of the
47	47	offense:
48	48	(A) the diminished culpability of juveniles
49	49	compared to adults; and
50	50	(B) whether and to what extent an adult was
51	51	involved in the commission of the offense;
52	52	(7) if available:
53	53	(A) any report and recommendation of the Board of
54	54	Pardons and Paroles, including information on the defendant's
55	55	completion of any educational, vocational, or other programs while
56	56	confined in the Texas Department of Criminal Justice;
57	57	(B) any report and recommendation of the attorney
58	58	representing the state in the county in which the defendant was
59	59	convicted;
60	60	(C) any statement from the victim of the offense
61	61	or a family member of the victim, if the victim is deceased; and
62	62	(D) any physical or mental examination of the
63	63	defendant; and
64	64	(8) any other relevant information.
65	65	(d) The authority of the court in granting a motion under
66	66	this article is limited to:
67	67	(1) reducing the number of years of imprisonment
68	68	remaining on the defendant's sentence; or
69	69	(2) modifying the defendant's sentence to require the
70	70	defendant to serve the remaining sentence or a reduced sentence
71	71	under any combination of imprisonment or community supervision
72	72	under Chapter 42A, except that any term of community supervision
73	73	required may not exceed five years.
74	74	(e) There is a rebuttable presumption that a defendant who
75	75	is 50 years of age or older satisfies the conditions described by
76	76	Subsection (b) that are necessary for the court to grant the motion
77	77	filed by the defendant.
78	78	(f) Except as provided by Subsection (g), the court shall
79	79	hold a hearing on a motion filed under this article. Before holding
80	80	the hearing, the court shall provide notice of the hearing to the
81	81	attorney representing the state. The attorney representing the
82	82	state shall provide notice of the hearing to any victim of the
83	83	defendant's offense who as a result of the offense suffered bodily
84	84	injury, as that term is defined by Section 1.07, Penal Code.
85	85	(g) The court is not required to hold a hearing before
86	86	granting a motion only if the defendant has waived in writing the
87	87	defendant's right to be present when the motion is considered.
88	88	(h) If the court denies the motion, the court shall issue a
89	89	written order stating the court's reasons for the denial.
90	90	(i) If the court denies the motion, the defendant may file
91	91	additional motions under this article only as follows:
92	92	(1) subject to Subsection (j), a second motion may be
93	93	filed on or after the fifth anniversary of the court's order denying
94	94	the motion;
95	95	(2) a third motion may be filed on or after the second
96	96	anniversary of, as applicable:
97	97	(A) the court's order denying the second motion;
98	98	or
99	99	(B) the disposition of the defendant's appeal of
100	100	the order denying the defendant's first motion; and
101	101	(3) a defendant who is 50 years of age or older may
102	102	file a fourth and final motion at any time after the court has
103	103	denied the third motion.
104	104	(j) The defendant or the attorney representing the state may
105	105	appeal an order of the court under this article only with respect to
106	106	a defendant's first motion or a final motion. For purposes of
107	107	Subsection (i), an appeal of a first motion by a defendant is
108	108	considered to be the defendant's second motion filed under this
109	109	article.
110	110	(k) A defendant may not waive the right to file a motion
111	111	under this article as part of a plea agreement. A waiver in
112	112	violation of this subsection is unenforceable. This subsection
113	113	does not prohibit the court from denying a defendant's motion based
114	114	on other grounds, including the failure of the defendant to comply
115	115	with the requirements of this article.
116	116	SECTION 2. The change in law made by this Act applies to a
117	117	defendant serving a sentence described by Article 44.26(a), Code of
118	118	Criminal Procedure, as added by this Act, regardless of whether the
119	119	offense for which the defendant is serving the sentence occurred
120	120	before, on, or after the effective date of this Act.
121	121	SECTION 3. This Act takes effect December 1, 2025, but only
122	122	if the constitutional amendment proposed by the 89th Legislature,
123	123	Regular Session, 2025, authorizing the legislature to enact laws
124	124	providing for a district court to reduce or modify a sentence
125	125	imposing a term of imprisonment for a person who has served not less
126	126	than 10 years of the term is approved by the voters. If that
127	127	amendment is not approved by the voters, this Act has no effect.