| 1 | 1 | | 89R245 MCF-D |
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| 2 | 2 | | By: Thompson H.B. No. 280 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a court to terminate the sentence of |
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| 10 | 10 | | certain persons released on parole. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 48, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 48.07 to read as follows: |
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| 14 | 14 | | Art. 48.07. SENTENCE TERMINATION FOR CERTAIN PAROLEES. (a) |
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| 15 | 15 | | A person released on parole may file a motion with the court in |
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| 16 | 16 | | which the person was convicted requesting that the court terminate |
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| 17 | 17 | | the person's sentence if: |
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| 18 | 18 | | (1) the person was released on parole not less than 10 |
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| 19 | 19 | | years before the date the motion is filed; |
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| 20 | 20 | | (2) the person's release on parole was not revoked at |
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| 21 | 21 | | any time during the period described by Subdivision (1); and |
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| 22 | 22 | | (3) the person is not required to register as a sex |
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| 23 | 23 | | offender under Chapter 62. |
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| 24 | 24 | | (b) The person must submit with the motion information |
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| 25 | 25 | | relevant to the person's rehabilitation, including: |
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| 26 | 26 | | (1) the person's employment history while released on |
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| 27 | 27 | | parole; |
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| 28 | 28 | | (2) information concerning any educational or |
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| 29 | 29 | | training programs completed by the person while confined or |
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| 30 | 30 | | released on parole; |
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| 31 | 31 | | (3) information concerning any volunteer activities |
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| 32 | 32 | | of the person; and |
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| 33 | 33 | | (4) any letters of support for the person's motion. |
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| 34 | 34 | | (c) On receipt of a motion under this article, the court |
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| 35 | 35 | | shall: |
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| 36 | 36 | | (1) notify the attorney representing the state in the |
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| 37 | 37 | | jurisdiction in which the person was convicted; and |
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| 38 | 38 | | (2) request from the Texas Department of Criminal |
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| 39 | 39 | | Justice under Section 508.313, Government Code, information |
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| 40 | 40 | | related to the conduct of the person while on parole. |
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| 41 | 41 | | (d) The attorney representing the state may submit to the |
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| 42 | 42 | | court any relevant information. |
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| 43 | 43 | | (e) The court may hold a hearing to consider the motion and |
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| 44 | 44 | | may take testimony from the person who submitted the motion or from |
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| 45 | 45 | | any other person having relevant information. If the court holds a |
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| 46 | 46 | | hearing, the court shall provide notice of the hearing to the |
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| 47 | 47 | | attorney representing the state and allow the attorney to |
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| 48 | 48 | | participate in the hearing. |
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| 49 | 49 | | (f) Not later than the 180th day after the date a motion is |
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| 50 | 50 | | filed under this article, the court shall review the motion, the |
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| 51 | 51 | | information obtained under Subsection (c)(2) or provided by the |
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| 52 | 52 | | attorney representing the state, and any testimony presented at the |
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| 53 | 53 | | hearing, if applicable, to determine whether the person who filed |
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| 54 | 54 | | the motion meets the eligibility requirements under Subsection (a). |
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| 55 | 55 | | If the person is eligible, the court shall issue an order |
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| 56 | 56 | | terminating the person's sentence only if the court determines that |
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| 57 | 57 | | issuance of the order is in the best interest of justice, the |
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| 58 | 58 | | public, and the person. |
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| 59 | 59 | | (g) The authority of a court under this article is limited |
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| 60 | 60 | | to terminating the person's sentence as of the date the order is |
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| 61 | 61 | | issued. In terminating the sentence the court may not impose |
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| 62 | 62 | | conditions on the issuance of the order or otherwise related to the |
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| 63 | 63 | | person's release. |
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| 64 | 64 | | (h) A person who receives an order of termination under this |
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| 65 | 65 | | article is considered to have fully discharged the person's |
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| 66 | 66 | | sentence. |
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| 67 | 67 | | SECTION 2. Section 508.313(d), Government Code, is amended |
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| 68 | 68 | | to read as follows: |
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| 69 | 69 | | (d) In this section, "eligible entity" means: |
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| 70 | 70 | | (1) a government agency, including the office of a |
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| 71 | 71 | | prosecuting attorney; |
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| 72 | 72 | | (2) an organization with which the department |
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| 73 | 73 | | contracts or an organization to which the department provides a |
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| 74 | 74 | | grant; [or] |
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| 75 | 75 | | (3) an organization to which inmates are referred for |
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| 76 | 76 | | services by the department; or |
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| 77 | 77 | | (4) a court considering a motion under Article 48.07, |
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| 78 | 78 | | Code of Criminal Procedure. |
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| 79 | 79 | | SECTION 3. The change in law made by this Act applies to a |
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| 80 | 80 | | person on parole on or after the effective date of this Act, |
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| 81 | 81 | | regardless of whether the person was released on parole before, on, |
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| 82 | 82 | | or after that date. |
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| 83 | 83 | | SECTION 4. This Act takes effect December 1, 2025, but only |
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| 84 | 84 | | if the constitutional amendment proposed by the 89th Legislature, |
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| 85 | 85 | | Regular Session, 2025, authorizing the legislature to enact laws |
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| 86 | 86 | | providing for a court to terminate the sentence of a person who has |
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| 87 | 87 | | successfully served the required number of years on parole is |
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| 88 | 88 | | approved by the voters. If that amendment is not approved by the |
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| 89 | 89 | | voters, this Act has no effect. |
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