Bill Text: TX HB184 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to prosecutors providing information about the benefits and costs of a proposed sentence for a defendant in a criminal trial.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-13 - Referred to Criminal Jurisprudence [HB184 Detail]
Download: Texas-2019-HB184-Introduced.html
86R632 JCG-D | ||
By: Canales | H.B. No. 184 |
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relating to prosecutors providing information about the benefits | ||
and costs of a proposed sentence for a defendant in a criminal | ||
trial. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 37, Code of Criminal Procedure, is | ||
amended by adding Article 37.0701 to read as follows: | ||
Art. 37.0701. INFORMATION ON BENEFITS AND COSTS OF PROPOSED | ||
SENTENCE. (a) In the penalty phase of a trial, the attorney | ||
representing the state shall state on the record the attorney's | ||
reasoning for the terms of any sentence the attorney recommends, | ||
including the benefits and costs of the proposed sentence to the | ||
public and the total financial cost of the proposed sentence. | ||
(b) The attorney representing the state shall calculate the | ||
total financial cost of a proposed sentence by multiplying the | ||
number of days of the sentence by the cost per day of the sentence as | ||
provided by: | ||
(1) the most recent edition of the Criminal and | ||
Juvenile Justice Uniform Cost Report published by the Legislative | ||
Budget Board; or | ||
(2) the commissioners court of the prosecuting county, | ||
as required by Subsection (c). | ||
(c) The commissioners court of each county annually shall | ||
calculate for the preceding fiscal year the average cost per day of | ||
confining a prisoner convicted of an offense in that county and on | ||
request shall provide the most recently calculated cost per day to | ||
an attorney representing the state. | ||
(d) Any error in calculating the total financial cost of a | ||
proposed sentence under this article may not be used by a defendant | ||
in a criminal case as a ground for appeal, a ground to set aside the | ||
conviction or sentence, or a ground in a habeas corpus petition. | ||
SECTION 2. The change in law made by this Act applies to a | ||
defendant sentenced for an offense on or after the effective date of | ||
this Act, regardless of when the offense was committed. | ||
SECTION 3. This Act takes effect September 1, 2019. |