Texas House Bill HB833

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to credit toward a defendant's sentence for time confined in jail or prison before sentencing.

Impact

If enacted, HB833 would apply to defendants sentenced on or after September 1, 2025, thereby retroactively affecting certain aspects of sentencing. This bill could significantly alter how time served is calculated for defendants, potentially leading to reduced sentences for individuals who may have spent considerable time in custody before their formal sentencing. It aligns with broader efforts in the criminal justice reform movement to provide fairer treatment and consideration of individuals within the system, particularly addressing concerns over prolonged pre-sentencing confinement.

Summary

House Bill 833 seeks to amend the Texas Code of Criminal Procedure regarding the credit a defendant earns towards their sentence based on time spent confined prior to sentencing. Specifically, the bill aims to ensure that defendants are given credit for the total time spent in jail or prison, including confinement under different circumstances such as mental health or substance abuse facilities, as well as any time served for other cases prior to the sentencing date of the current offense. The proposed changes intend to create a more equitable sentencing process by acknowledging the time defendants have already spent incarcerated.

Contention

Points of contention may arise regarding the implications of the bill on the judicial process and its influence on victims' rights. Some stakeholders may argue that providing additional credits for time served could inadvertently lessen the accountability of defendants or complicate sentencing matters. Additionally, there may be discussions regarding how the bill addresses various types of confinement and whether it adequately balances the rights of defendants against the interests of public safety and victim advocacy.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section

Government Code

• Chapter 493. Texas Department Of Criminal Justice: Organization
  • Section: 009