Bill Text: TX HB137 | 2021-2022 | 87th Legislature | Comm Sub

Texas House Bill 137 (Prior Session Legislation)

Bill Title: Relating to the authority of a court to terminate the sentence of certain persons released on parole.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-30 - Committee report sent to Calendars [HB137 Detail]

Download: Texas-2021-HB137-Comm_Sub.html

	87R19971 MAW-D

	By: Thompson of Harris	H.B. No. 137

	Substitute the following for H.B. No. 137:

	By: Murr	C.S.H.B. No. 137



	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of a court to terminate the sentence of
	certain persons released on parole.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 48, Code of Criminal Procedure, is
	amended by adding Article 48.07 to read as follows:
	Art. 48.07. SENTENCE TERMINATION FOR CERTAIN PAROLEES. (a)
	A person released on parole may file a motion with the court in
	which the person was convicted requesting that the court terminate
	the person's sentence if:
	(1) the person was released on parole not less than 10
	years before the date the motion is filed;
	(2) the person's release on parole was not revoked at
	any time during the period described by Subdivision (1); and
	(3) the person is not required to register as a sex
	offender under Chapter 62.
	(b) The person must submit with the motion information
	relevant to the person's rehabilitation, including:
	(1) the person's employment history while released on
	parole;
	(2) information concerning any educational or
	training programs completed by the person while confined or
	released on parole;
	(3) information concerning any volunteer activities
	of the person; and
	(4) any letters of support for the person's motion.
	(c) On receipt of a motion under this article, the court
	shall:
	(1) notify the attorney representing the state in the
	jurisdiction in which the person was convicted; and
	(2) request from the Texas Department of Criminal
	Justice under Section 508.313, Government Code, information
	related to the conduct of the person while on parole.
	(d) The attorney representing the state may submit to the
	court any relevant information.
	(e) The court may hold a hearing to consider the motion and
	may take testimony from the person who submitted the motion or from
	any other person having relevant information. If the court holds a
	hearing, the court shall provide notice of the hearing to the
	attorney representing the state and allow the attorney to
	participate in the hearing.
	(f) Not later than the 180th day after the date a motion is
	filed under this article, the court shall review the motion, the
	information obtained under Subsection (c)(2) or provided by the
	attorney representing the state, and any testimony presented at the
	hearing, if applicable, to determine whether the person who filed
	the motion meets the eligibility requirements under Subsection (a).
	If the person is eligible, the court shall issue an order
	terminating the person's sentence only if the court determines that
	it is in the best interest of justice, the public, and the person.
	(g) The authority of a court under this article is limited
	to terminating the person's sentence as of the date the order is
	issued. In terminating the sentence the court may not impose
	conditions on the issuance of the order or otherwise related to the
	person's release.
	(h) A person who receives an order of termination under this
	article is considered to have fully discharged the person's
	sentence.
	SECTION 2. Section 508.313(d), Government Code, is amended
	to read as follows:
	(d) In this section, "eligible entity" means:
	(1) a government agency, including the office of a
	prosecuting attorney;
	(2) an organization with which the department
	contracts or an organization to which the department provides a
	grant; [or]
	(3) an organization to which inmates are referred for
	services by the department; or
	(4) a court considering a motion under Article 48.07,
	Code of Criminal Procedure.
	SECTION 3. The change in law made by this Act applies to a
	person on parole on or after the effective date of this Act,
	regardless of whether the person was released on parole before, on,
	or after that date.
	SECTION 4. This Act takes effect December 1, 2021, but only
	if the constitutional amendment proposed by the 87th Legislature,
	Regular Session, 2021, authorizing the legislature to enact laws
	providing for a court to terminate the sentence of a person who has
	successfully served the required number of years on parole is
	approved by the voters. If that amendment is not approved by the
	voters, this Act has no effect.