Texas 2025 - 89th Regular

Texas House Bill HB3166 Compare Versions

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

Old	New	Differences
1	1	89R1196 EAS-D
2	2	By: Cook H.B. No. 3166
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a court to grant a commutation of
10	10	punishment to certain individuals serving a term of imprisonment
11	11	and to victims' rights regarding a motion to grant a commutation.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 1, Code of Criminal Procedure, is amended
14	14	by adding Chapter 53 to read as follows:
15	15	CHAPTER 53. JUDICIAL COMMUTATION
16	16	Art. 53.001. APPLICABILITY. This chapter does not apply to
17	17	an inmate who is serving a sentence for an offense listed in Article
18	18	42A.054(a) or for which the judgment contains an affirmative
19	19	finding under Article 42A.054(c) or (d).
20	20	Art. 53.002. MOTION TO GRANT COMMUTATION. (a)
21	21	Notwithstanding any other law, on motion of the attorney
22	22	representing the state a court may grant a commutation of
23	23	punishment in accordance with this chapter for an inmate serving a
24	24	term of imprisonment.
25	25	(b) A motion under this chapter must be filed by the
26	26	attorney representing the state for the jurisdiction in which the
27	27	inmate was convicted. The motion may be filed in any district court
28	28	in the county in which the inmate was convicted.
29	29	(c) Until the court has granted the motion, the attorney
30	30	representing the state may withdraw the motion. If the motion is
31	31	withdrawn, the court is prohibited from granting a commutation in
32	32	the case based on that motion.
33	33	Art. 53.003. DECISION. (a) In determining whether to grant
34	34	the motion, the court may consider:
35	35	(1) the inmate's disciplinary record and record of
36	36	rehabilitation while imprisoned;
37	37	(2) evidence that reflects whether the inmate's age,
38	38	time served, or diminished physical condition has reduced the
39	39	inmate's risk for committing an offense in the future; and
40	40	(3) evidence that reflects any change in the inmate's
41	41	circumstances since the original sentencing such that the inmate's
42	42	continued imprisonment is no longer in the interest of justice.
43	43	(b) Notwithstanding any other law, the court may, in
44	44	granting relief under this chapter, reduce an inmate's sentence to
45	45	a term that is less than the statutory minimum for the offense that
46	46	existed at the time of the offense, including by reducing the
47	47	sentence to time served and ordering the inmate's immediate
48	48	release.
49	49	(c) The court may not increase a sentence under this
50	50	chapter.
51	51	Art. 53.004. APPEAL. (a) Except as provided by this
52	52	article, the Texas Rules of Appellate Procedure apply to all
53	53	hearings and orders under this chapter.
54	54	(b) Neither the attorney representing the state nor the
55	55	inmate is entitled to appeal the court's decision to deny a motion
56	56	under this chapter.
57	57	SECTION 2. Article 56A.051, Code of Criminal Procedure, is
58	58	amended by amending Subsection (a) and adding Subsection (d) to
59	59	read as follows:
60	60	(a) A victim, guardian of a victim, or close relative of a
61	61	deceased victim is entitled to the following rights within the
62	62	criminal justice system:
63	63	(1) the right to receive from a law enforcement agency
64	64	adequate protection from harm and threats of harm arising from
65	65	cooperation with prosecution efforts;
66	66	(2) the right to have the magistrate consider the
67	67	safety of the victim or the victim's family in setting the amount of
68	68	bail for the defendant;
69	69	(3) if requested, the right to be informed in the
70	70	manner provided by Article 56A.0525:
71	71	(A) by the attorney representing the state of
72	72	relevant court proceedings, including appellate proceedings, and
73	73	to be informed if those proceedings have been canceled or
74	74	rescheduled before the event; and
75	75	(B) by an appellate court of the court's
76	76	decisions, after the decisions are entered but before the decisions
77	77	are made public;
78	78	(4) when requested, the right to be informed in the
79	79	manner provided by Article 56A.0525:
80	80	(A) by a peace officer concerning the defendant's
81	81	right to bail and the procedures in criminal investigations; and
82	82	(B) by the office of the attorney representing
83	83	the state concerning the general procedures in the criminal justice
84	84	system, including general procedures in guilty plea negotiations
85	85	and arrangements, restitution, and the appeals and parole process;
86	86	(5) the right to provide pertinent information to a
87	87	community supervision and corrections department conducting a
88	88	presentencing investigation concerning the impact of the offense on
89	89	the victim and the victim's family by testimony, written statement,
90	90	or any other manner before any sentencing of the defendant;
91	91	(6) the right to receive information, in the manner
92	92	provided by Article 56A.0525:
93	93	(A) regarding compensation to victims of crime as
94	94	provided by Chapter 56B, including information related to the costs
95	95	that may be compensated under that chapter and the amount of
96	96	compensation, eligibility for compensation, and procedures for
97	97	application for compensation under that chapter;
98	98	(B) for a victim of a sexual assault, regarding
99	99	the payment under Subchapter G for a forensic medical examination;
100	100	and
101	101	(C) when requested, providing a referral to
102	102	available social service agencies that may offer additional
103	103	assistance;
104	104	(7) the right to:
105	105	(A) be informed, on request, and in the manner
106	106	provided by Article 56A.0525, of parole procedures;
107	107	(B) participate in the parole process;
108	108	(C) provide to the board for inclusion in the
109	109	defendant's file information to be considered by the board before
110	110	the parole of any defendant convicted of any offense subject to this
111	111	chapter; and
112	112	(D) be notified in the manner provided by Article
113	113	56A.0525, if requested, of parole proceedings concerning a
114	114	defendant in the victim's case and of the defendant's release;
115	115	(8) the right to be provided with a waiting area,
116	116	separate or secure from other witnesses, including the defendant
117	117	and relatives of the defendant, before testifying in any proceeding
118	118	concerning the defendant; if a separate waiting area is not
119	119	available, other safeguards should be taken to minimize the
120	120	victim's contact with the defendant and the defendant's relatives
121	121	and witnesses, before and during court proceedings;
122	122	(9) the right to the prompt return of any of the
123	123	victim's property that is held by a law enforcement agency or the
124	124	attorney representing the state as evidence when the property is no
125	125	longer required for that purpose;
126	126	(10) the right to have the attorney representing the
127	127	state notify the victim's employer, if requested, that the victim's
128	128	cooperation and testimony is necessary in a proceeding that may
129	129	require the victim to be absent from work for good cause;
130	130	(11) the right to request victim-offender mediation
131	131	coordinated by the victim services division of the department;
132	132	(12) the right to be informed, in the manner provided
133	133	by Article 56A.0525, of the uses of a victim impact statement and
134	134	the statement's purpose in the criminal justice system as described
135	135	by Subchapter D, to complete the victim impact statement, and to
136	136	have the victim impact statement considered:
137	137	(A) by the attorney representing the state and
138	138	the judge before sentencing or before a plea bargain agreement is
139	139	accepted; and
140	140	(B) by the board before a defendant is released
141	141	on parole;
142	142	(13) for a victim of an assault or sexual assault who
143	143	is younger than 17 years of age or whose case involves family
144	144	violence, as defined by Section 71.004, Family Code, the right to
145	145	have the court consider the impact on the victim of a continuance
146	146	requested by the defendant; if requested by the attorney
147	147	representing the state or by the defendant's attorney, the court
148	148	shall state on the record the reason for granting or denying the
149	149	continuance; [and]
150	150	(14) the right to be informed of any motion to grant a
151	151	commutation filed under Chapter 53 and to be informed of any
152	152	hearings or orders under that chapter; and
153	153	(15) if the offense is a capital felony, the right to:
154	154	(A) receive by mail from the court a written
155	155	explanation of defense-initiated victim outreach if the court has
156	156	authorized expenditures for a defense-initiated victim outreach
157	157	specialist;
158	158	(B) not be contacted by the victim outreach
159	159	specialist unless the victim, guardian, or relative has consented
160	160	to the contact by providing a written notice to the court; and
161	161	(C) designate a victim service provider to
162	162	receive all communications from a victim outreach specialist acting
163	163	on behalf of any person.
164	164	(d) If a victim notifies the attorney representing the state
165	165	that the victim opposes a motion to grant a commutation filed by
166	166	that attorney under Chapter 53, that attorney shall inform the
167	167	court of the victim's objections.
168	168	SECTION 3. This Act takes effect January 1, 2026, but only
169	169	if the constitutional amendment proposed by the 89th Legislature,
170	170	Regular Session, 2025, authorizing the legislature to enact laws
171	171	providing for a court to grant a commutation of punishment to
172	172	certain individuals serving a term of imprisonment is approved by
173	173	the voters. If that amendment is not approved by the voters, this
174	174	Act has no effect.