Bill Text: TX HB3392 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-05-03 - Left pending in committee [HB3392 Detail]

Download: Texas-2021-HB3392-Introduced.html
  87R10507 EAS-F
 
  By: Moody H.B. No. 3392
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a court to grant a commutation of
  punishment to certain individuals serving a term of imprisonment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 53 to read as follows:
  CHAPTER 53.  JUDICIAL COMMUTATION
         Art. 53.001.  APPLICABILITY. (a) Except as provided by
  Subsection (b), this chapter applies only to an inmate confined in
  the Texas Department of Criminal Justice who:
               (1)  is 50 years of age or older and has served at least
  15 years of a term of imprisonment for a felony; or
               (2)  is 35 years of age or older but younger than 50
  years of age and has served at least 20 years of a term of
  imprisonment for a felony.
         (b)  This chapter does not apply to an inmate who is:
               (1)  serving a sentence for a capital felony, other
  than a life sentence under Section 12.31(a)(1), Penal Code; or
               (2)  serving a sentence for an offense under Section
  21.02 or 22.021, Penal Code. 
         Art. 53.002.  MOTION TO ADJUST SENTENCE.
  (a)  Notwithstanding any other law, on motion of the attorney
  representing the state a court may grant a commutation of
  punishment for an inmate in accordance with this chapter.
         (b)  A motion under this chapter must be filed by the
  attorney representing the state for the jurisdiction in which the
  inmate was convicted. The motion may be filed in any district court
  in the county in which the inmate was convicted.
         (c)  A motion filed under this article must include:
               (1)  the cause number for the inmate's case;
               (2)  the name of the sentencing judge and date of
  sentencing;
               (3)  the name of the agency responsible for the
  prosecution; and
               (4)  a declaration of the reasons the attorney
  representing the state believes the inmate is entitled to relief,
  including any reason the attorney believes the inmate, if released,
  would be able to safely return to the community, such as:
                     (A)  the inmate's age at the time of the offense;
                     (B)  any mitigating factors from the time of the
  offense;
                     (C)  any completed courses, treatment, or
  achievements while imprisoned;
                     (D)  any record of good behavior while imprisoned;
                     (E)  any evidence of maturity or rehabilitation;
  or
                     (F)  any other recommendations as to the inmate's
  suitability for release.
         (d)  A motion filed under this article may include
  affidavits, documents, or other written material supporting the
  inmate's motion.
         (e)  Once filed, the presiding judge of the administrative
  judicial region shall assign the motion to a judge of a court in the
  county that has jurisdiction over the category of offense of which
  the inmate was convicted. The motion may not be assigned to the
  original sentencing judge.
         Art. 53.003.  APPOINTMENT OF COUNSEL. (a)  Not later than
  the 15th day after the date a motion is filed under Article 53.002,
  the court shall appoint counsel for the inmate unless the inmate has
  previously retained counsel for this motion. Counsel shall
  represent the inmate for all proceedings under this chapter,
  including any appeal, unless the inmate expressly waives the right
  to counsel after being fully advised by the court of the inmate's
  rights.
         (b)  Not later than the 15th day after appointment, inmate's
  counsel may file a motion for an extension of time to prepare a
  supplement to the motion filed under Article 53.002. The court
  shall grant counsel's motion for an extension of time unless the
  court finds that there is good cause not to grant the motion. 
         Art. 53.004.  HEARING. (a)  A court may grant a motion filed
  under this chapter without holding a hearing but may not deny a
  motion without a hearing unless the inmate:
               (1)  is not eligible under Article 53.001; or
               (2)  has 12 months or less remaining before the inmate:
                     (A)  discharges the inmate's sentence; or
                     (B)  becomes eligible for release to mandatory
  supervision under Section 508.147, Government Code.
         (b)  Subject to any extension granted under Article
  53.003(b), any hearing required under this article must be held not
  later than the 90th day after the date the motion is filed. 
         (c)  At a hearing under this article, the court shall allow
  parties to present additional evidence, including hearsay
  evidence.
         Art. 53.005.  DECISION. (a)  The court shall either state
  in open court or file in writing the court's reasons for granting or
  denying a motion under this chapter. The court shall issue the
  court's decision not later than the 30th day after the date of the
  hearing, or, if no hearing is held, not later than the 60th day
  after the date of filing the motion, subject to any extension
  granted under Article 53.003(b).
         (b)  The court shall grant the motion unless the court finds
  by clear and convincing evidence that the inmate's release would
  result in an unreasonable risk to the physical safety of the
  community. 
         (c)  There is a presumption that an inmate who is 50 years of
  age or older is suitable for relief under this chapter. This
  presumption may be rebutted by clear and convincing evidence that
  the inmate poses an unreasonable risk to the physical safety of the
  community. The presumption may not be rebutted solely by facts
  related to the offense for which the inmate was convicted.
         (d)  In determining whether to grant the motion, the court
  shall consider:
               (1)  the inmate's age at the time of the offense and the
  diminished culpability of people under 26 years of age, as compared
  to that of older adults, and the hallmark features of youth,
  including immaturity, impetuosity, and failure to appreciate risks
  and consequences;
               (2)  the inmate's current age and relevant data
  regarding the decline in criminality as people age;
               (3)  any argument or evidence presented by the parties; 
               (4)  any report and recommendation of the Texas
  Department of Criminal Justice or the Board of Pardons and Paroles,
  including information on the inmate's behavior while imprisoned,
  specifically focusing on the five-year period preceding the date of
  the motion;
               (5)  whether the inmate has demonstrated maturity,
  rehabilitation, and fitness to reenter society sufficient to
  justify a sentence reduction;
               (6)  any report from a physical, mental, or psychiatric
  examination of the inmate conducted by a licensed health care
  professional;
               (7)  mitigating evidence such as the family and
  community circumstances of the inmate at the time of the offense,
  including any history of abuse, trauma, or involvement in the child
  protective services system;
               (8)  the role of the inmate in the offense and whether,
  and to what extent, the inmate was influenced or encouraged by
  others to commit the offense;
               (9)  the nature and circumstances of the offense and
  whether the sentence imposed was disproportionate to the offense
  committed;
               (10)  whether the sentence was disproportionate to the
  sentence the inmate would have received had the inmate been
  sentenced under the laws in effect on the date the motion is filed;
               (11)  whether there is evidence of racial disparities
  in the length of sentence imposed for similar conduct;
               (12)  any available victim impact statement; and
               (13)  any other information the court considers
  relevant to its decision.
         (e)  In considering an inmate's behavior under Subsection
  (d)(4), the judge may consider whether the inmate has completed any
  educational, vocational, or other programs that were available to
  the inmate while confined, including any substance abuse or mental
  health treatment. 
         (f)  If the court grants the motion, the court shall reduce
  the sentence:
               (1)  to time served and order the inmate's immediate
  release; or 
               (2)  as necessary to provide that the inmate is
  confined only as long as is necessary for the Texas Department of
  Criminal Justice to provide for a sufficient transition and release
  plan.
         (g)  Notwithstanding any other law, the court may, in
  granting relief under this chapter, reduce an inmate's sentence to
  be below the statutory minimum for the offense that existed at the
  time of the offense.
         (h)  The court may not increase a sentence under this
  chapter.
         Art. 53.006.  APPEAL. (a)  Except as provided by this
  article, the Texas Rules of Appellate Procedure apply to all
  hearings and orders under this chapter. 
         (b)  Unless a court denies a motion filed under this chapter
  on the sole grounds that the inmate is not eligible under Article
  53.001, the inmate may appeal the denial.
         (c)  The appeal must be filed not later than the 30th day
  after the date of the court's denial. The inmate must provide
  notice of the appeal to the attorney representing the state. 
         (d)  An appellate court, in reviewing a court's decision to
  deny a motion under this chapter, shall accept the court's findings
  of fact unless clearly erroneous while reviewing the legal judgment
  de novo. 
         Art. 53.007.  SUBSEQUENT MOTIONS. (a)  An attorney
  representing the state may file subsequent motions regarding an
  inmate under this chapter on or after the fifth anniversary of the
  date on which the previous motion was denied. An appeal by an inmate
  does not affect the timeline for filing a subsequent motion.
         (b)  An attorney representing the state may file an unlimited
  number of motions under this chapter. 
         Art. 53.008.  DATA COLLECTION. (a)  Each court shall
  maintain the following information, disaggregated by age, race, and
  gender:
               (1)  the total number of inmates for whom motions were
  filed under this chapter;
               (2)  the total number of motions the court granted;
               (3)  the total number of motions the court denied; and
               (4)  the total number of pending motions.
         (b)  Each facility operated by or under contract with the
  Texas Department of Criminal Justice shall maintain information on
  the total number of inmates who meet the eligibility requirements
  of Article 53.001.
         (c)  Not later than February 1 of each year, each court and
  the Texas Department of Criminal Justice shall submit the
  information maintained under this article for the preceding
  calendar year to the Office of Court Administration of the Texas
  Judicial System.
         (d)  Not later than March 1 of each year, the Office of Court
  Administration of the Texas Judicial System shall analyze the
  information submitted under Subsection (c) and submit a report
  containing the results of the analysis to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and each standing committee of the legislature with primary
  jurisdiction over criminal justice matters. 
         SECTION 2.  This Act takes effect January 1, 2022, 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 grant a commutation of punishment to
  certain individuals serving a term of imprisonment is approved by
  the voters. If that amendment is not approved by the voters, this
  Act has no effect.
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