Texas 2025 - 89th Regular

Texas House Bill HB773 Compare Versions

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

Old	New	Differences
1	1	89R4503 EAS-F
2	2	By: Moody H.B. No. 773
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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	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 1, Code of Criminal Procedure, is amended
13	13	by adding Chapter 53 to read as follows:
14	14	CHAPTER 53. JUDICIAL COMMUTATION
15	15	Art. 53.001. APPLICABILITY. (a) Except as provided by
16	16	Subsection (b), this chapter applies only to an inmate confined in
17	17	the Texas Department of Criminal Justice who:
18	18	(1) is 50 years of age or older and has served at least
19	19	15 years of a term of imprisonment for a felony; or
20	20	(2) is 35 years of age or older but younger than 50
21	21	years of age and has served at least 20 years of a term of
22	22	imprisonment for a felony.
23	23	(b) This chapter does not apply to an inmate who is:
24	24	(1) serving a sentence for a capital felony, other
25	25	than a life sentence under Section 12.31(a)(1), Penal Code; or
26	26	(2) serving a sentence for an offense under Section
27	27	21.02 or 22.021, Penal Code.
28	28	Art. 53.002. MOTION TO ADJUST SENTENCE.
29	29	(a) Notwithstanding any other law, on motion of the attorney
30	30	representing the state a court may grant a commutation of
31	31	punishment for an inmate in accordance with this chapter.
32	32	(b) A motion under this chapter must be filed by the
33	33	attorney representing the state for the jurisdiction in which the
34	34	inmate was convicted. The motion may be filed in any district court
35	35	in the county in which the inmate was convicted.
36	36	(c) A motion filed under this article must include:
37	37	(1) the cause number for the inmate's case;
38	38	(2) the name of the sentencing judge and date of
39	39	sentencing;
40	40	(3) the name of the agency responsible for the
41	41	prosecution; and
42	42	(4) a declaration of the reasons the attorney
43	43	representing the state believes the inmate is entitled to relief,
44	44	including any reason the attorney believes the inmate, if released,
45	45	would be able to safely return to the community, such as:
46	46	(A) the inmate's age at the time of the offense;
47	47	(B) any mitigating factors from the time of the
48	48	offense;
49	49	(C) any completed courses, treatment, or
50	50	achievements while imprisoned;
51	51	(D) any record of good behavior while imprisoned;
52	52	(E) any evidence of maturity or rehabilitation;
53	53	or
54	54	(F) any other recommendations regarding the
55	55	inmate's suitability for release under this chapter.
56	56	(d) A motion filed under this article may include
57	57	affidavits, documents, or other written material supporting the
58	58	inmate's motion.
59	59	(e) Once filed, the presiding judge of the administrative
60	60	judicial region shall assign the motion to a judge of a court in the
61	61	county that has jurisdiction over the category of offense of which
62	62	the inmate was convicted. The motion may not be assigned to the
63	63	original sentencing judge.
64	64	Art. 53.003. APPOINTMENT OF COUNSEL. (a) Not later than
65	65	the 15th day after the date a motion is filed under Article 53.002,
66	66	the court shall appoint counsel for the inmate unless the inmate has
67	67	previously retained counsel for that purpose. Counsel shall
68	68	represent the inmate for all proceedings under this chapter,
69	69	including any appeal, unless the inmate expressly waives the right
70	70	to counsel after being fully advised by the court of the inmate's
71	71	rights.
72	72	(b) Not later than the 15th day after appointment, the
73	73	inmate's counsel may file a motion for an extension of time to
74	74	prepare a supplement to the motion filed under Article 53.002. The
75	75	court shall grant the motion for an extension of time unless the
76	76	court finds that there is good cause not to grant the motion.
77	77	Art. 53.004. HEARING. (a) A court may grant a motion filed
78	78	under this chapter without holding a hearing but may not deny a
79	79	motion without a hearing unless the inmate:
80	80	(1) is not eligible under Article 53.001; or
81	81	(2) has 12 months or less remaining before the inmate:
82	82	(A) discharges the inmate's sentence; or
83	83	(B) becomes eligible for release to mandatory
84	84	supervision under Section 508.147, Government Code.
85	85	(b) Subject to any extension granted under Article
86	86	53.003(b), any hearing required under this article must be held not
87	87	later than the 90th day after the date the motion is filed.
88	88	(c) At a hearing under this article, the court shall allow
89	89	the parties to present additional evidence, including hearsay
90	90	evidence.
91	91	Art. 53.005. DECISION. (a) A court shall grant a motion
92	92	filed under this chapter unless the court finds by clear and
93	93	convincing evidence that the inmate's release would result in an
94	94	unreasonable risk to the physical safety of the community. The
95	95	court shall either state in open court or file in writing the
96	96	court's reasons for granting or denying the motion.
97	97	(b) The court shall issue the court's decision not later
98	98	than the 30th day after the date of the hearing, or, if no hearing is
99	99	held, not later than the 60th day after the date of filing the
100	100	motion, subject to any extension granted under Article 53.003(b).
101	101	(c) An inmate who is 50 years of age or older is presumed to
102	102	be suitable for release under this chapter. This presumption may be
103	103	rebutted by clear and convincing evidence that the inmate poses an
104	104	unreasonable risk to the physical safety of the community. The
105	105	presumption may not be rebutted solely by facts related to the
106	106	offense for which the inmate was convicted.
107	107	(d) In determining whether to grant the motion, the court
108	108	shall consider:
109	109	(1) the inmate's age at the time of the offense and the
110	110	diminished culpability of people under 26 years of age, as compared
111	111	to that of older adults, and the hallmark features of youth,
112	112	including immaturity, impetuosity, and failure to appreciate risks
113	113	and consequences;
114	114	(2) the inmate's current age and relevant data
115	115	regarding the decline in criminality as people age;
116	116	(3) any argument or evidence presented by the parties;
117	117	(4) any report and recommendation of the Texas
118	118	Department of Criminal Justice or the Board of Pardons and Paroles,
119	119	including information on the inmate's behavior while imprisoned,
120	120	specifically focusing on the five-year period preceding the date of
121	121	the motion;
122	122	(5) whether the inmate has demonstrated maturity,
123	123	rehabilitation, and fitness to reenter society sufficient to
124	124	justify a sentence reduction;
125	125	(6) any report from a physical, mental, or psychiatric
126	126	examination of the inmate conducted by a licensed health care
127	127	professional;
128	128	(7) mitigating evidence such as the family and
129	129	community circumstances of the inmate at the time of the offense,
130	130	including any history of abuse, trauma, or involvement in the child
131	131	protective services system;
132	132	(8) the role of the inmate in the offense and whether,
133	133	and to what extent, the inmate was influenced or encouraged by
134	134	others to commit the offense;
135	135	(9) the nature and circumstances of the offense and
136	136	whether the sentence imposed was disproportionate to the offense
137	137	committed;
138	138	(10) whether the sentence was disproportionate to the
139	139	sentence the inmate would have received had the inmate been
140	140	sentenced under the laws in effect on the date the motion was filed;
141	141	(11) whether there is evidence of racial disparities
142	142	in the length of sentence imposed for similar conduct;
143	143	(12) any available victim impact statement; and
144	144	(13) any other information the court considers
145	145	relevant to its decision.
146	146	(e) In considering an inmate's behavior under Subsection
147	147	(d)(4), the court may consider whether the inmate has completed any
148	148	educational, vocational, or other programs that were available to
149	149	the inmate while confined, including any substance abuse or mental
150	150	health treatment.
151	151	(f) If the court grants the motion, the court shall reduce
152	152	the sentence:
153	153	(1) to time served and order the inmate's immediate
154	154	release; or
155	155	(2) as necessary to provide that the inmate is
156	156	confined only as long as is necessary for the Texas Department of
157	157	Criminal Justice to provide for a sufficient transition and release
158	158	plan.
159	159	(g) Notwithstanding any other law, the court may, in
160	160	granting relief under this chapter, reduce an inmate's sentence to
161	161	a term that is less than the statutory minimum for the offense that
162	162	existed at the time of the offense.
163	163	(h) The court may not increase a sentence under this
164	164	chapter.
165	165	Art. 53.006. APPEAL. (a) Except as provided by this
166	166	article, the Texas Rules of Appellate Procedure apply to all
167	167	hearings and orders under this chapter.
168	168	(b) Unless a court denies a motion filed under this chapter
169	169	on the sole grounds that the inmate is not eligible under Article
170	170	53.001, the inmate may appeal the denial.
171	171	(c) The appeal must be filed not later than the 30th day
172	172	after the date of the court's denial. The inmate must provide
173	173	notice of the appeal to the attorney representing the state.
174	174	(d) An appellate court, in reviewing a court's decision to
175	175	deny a motion under this chapter, shall accept the court's findings
176	176	of fact while reviewing the legal judgment de novo unless the
177	177	findings are clearly erroneous.
178	178	Art. 53.007. SUBSEQUENT MOTIONS. (a) An attorney
179	179	representing the state may file subsequent motions regarding an
180	180	inmate under this chapter on or after the fifth anniversary of the
181	181	date on which the previous motion was denied. An appeal by an inmate
182	182	does not affect the timeline for filing a subsequent motion.
183	183	(b) An attorney representing the state may file an unlimited
184	184	number of motions under this chapter.
185	185	Art. 53.008. DATA COLLECTION. (a) Each court shall
186	186	maintain the following information, disaggregated by age, race, and
187	187	gender:
188	188	(1) the total number of inmates for whom motions were
189	189	filed under this chapter;
190	190	(2) the total number of motions the court granted;
191	191	(3) the total number of motions the court denied; and
192	192	(4) the total number of pending motions.
193	193	(b) Each facility operated by or under contract with the
194	194	Texas Department of Criminal Justice shall maintain information on
195	195	the total number of inmates who meet the eligibility requirements
196	196	of Article 53.001.
197	197	(c) Not later than February 1 of each year, each court and
198	198	the Texas Department of Criminal Justice shall submit the
199	199	information maintained under this article for the preceding
200	200	calendar year to the Office of Court Administration of the Texas
201	201	Judicial System.
202	202	(d) Not later than March 1 of each year, the Office of Court
203	203	Administration of the Texas Judicial System shall analyze the
204	204	information submitted under Subsection (c) and submit a report
205	205	containing the results of the analysis to the governor, the
206	206	lieutenant governor, the speaker of the house of representatives,
207	207	and each standing committee of the legislature with primary
208	208	jurisdiction over criminal justice matters.
209	209	SECTION 2. This Act takes effect January 1, 2026, but only
210	210	if the constitutional amendment proposed by the 89th Legislature,
211	211	Regular Session, 2025, authorizing the legislature to enact laws
212	212	providing for a court to grant a commutation of punishment to
213	213	certain individuals serving a term of imprisonment is approved by
214	214	the voters. If that amendment is not approved by the voters, this
215	215	Act has no effect.