Bill Text: TX HB4337 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to authority of a court to reduce or modify a defendant's sentence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Criminal Jurisprudence [HB4337 Detail]
Download: Texas-2021-HB4337-Introduced.html
By: Collier | H.B. No. 4337 |
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relating to authority of a court to reduce or modify a defendant's | ||
sentence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 44, Code of Criminal Procedure, is | ||
amended by adding Article 44.26 to read as follows: | ||
Art. 44.26. SENTENCE REDUCTION OR MODIFICATION FOR CERTAIN | ||
DEFENDANTS. (a) This article applies only to a defendant who has | ||
served not less than 10 years of a term of imprisonment for an | ||
offense other than an offense listed in Article 42A.054(a). | ||
(b) The court in which a defendant was convicted may, on | ||
motion of the defendant and with the consent of the attorney | ||
representing the state, reduce or modify the defendant's sentence | ||
in accordance with Subsection (d) if the court finds that: | ||
(1) the defendant: | ||
(A) is not a danger to the community or any | ||
person; | ||
(B) presents no credible risk of criminal | ||
conduct; or | ||
(C) demonstrates a readiness for reentry; and | ||
(2) the interests of justice support the reduction or | ||
modification. | ||
(c) In determining whether to grant a motion under this | ||
article, the court shall consider the following: | ||
(1) the defendant's current age and age at the time of | ||
the offense; | ||
(2) relevant data on increasing age as correlated with | ||
declining criminality; | ||
(3) whether the defendant has demonstrated levels of | ||
maturity, rehabilitation, and fitness to reenter society that are | ||
sufficient to justify a sentence reduction or modification; | ||
(4) the family and community circumstances of the | ||
defendant at the time of the offense, including any history of abuse | ||
or involvement in the child protective services system, and the | ||
potential benefits to the defendant's children and other family | ||
members of a reunification with the defendant; | ||
(5) the extent of the defendant's role in the offense; | ||
(6) if the defendant was a juvenile at the time of the | ||
offense: | ||
(A) the diminished culpability of juveniles | ||
compared to adults; and | ||
(B) whether and to what extent an adult was | ||
involved in the commission of the offense; | ||
(7) if available: | ||
(A) any report and recommendation of the Board of | ||
Pardons and Paroles, including information on the defendant's | ||
completion of any educational, vocational, or other programs while | ||
confined in the Texas Department of Criminal Justice; | ||
(B) any report and recommendation of the attorney | ||
representing the state in the county in which the defendant was | ||
convicted; | ||
(C) any statement from the victim of the offense | ||
or a family member of the victim, if the victim is deceased; and | ||
(D) any physical or mental examination of the | ||
defendant; and | ||
(8) any other relevant information. | ||
(d) The authority of the court in granting a motion under | ||
this article is limited to: | ||
(1) reducing the number of years of imprisonment | ||
remaining on the defendant's sentence; or | ||
(2) modifying the defendant's sentence to require the | ||
defendant to serve the remaining sentence or a reduced sentence | ||
under any combination of imprisonment or community supervision | ||
under Chapter 42A, except that any term of community supervision | ||
required may not exceed five years. | ||
(e) There is a rebuttable presumption that a defendant who | ||
is 50 years of age or older satisfies the conditions described by | ||
Subsection (b) that are necessary for the court to grant the motion | ||
filed by the defendant. | ||
(f) The court may hold a hearing to consider a motion filed | ||
under this article. If the court holds a hearing, the court shall | ||
provide notice of the hearing to the attorney representing the | ||
state. The attorney representing the state shall provide notice of | ||
the hearing to any victim of the defendant's offense who as a result | ||
of the offense suffered bodily injury, as that term is defined by | ||
Section 1.07, Penal Code. | ||
(g) The court is not required to hold a hearing before | ||
granting a motion if: | ||
(1) the attorney representing the state consents in | ||
writing to granting the motion; and | ||
(2) the defendant has waived in writing the | ||
defendant's right to be present when the motion is considered. | ||
(h) If the court grants the motion, the court shall issue a | ||
written order stating the court's reasons for entering the findings | ||
described by this article. The court may deny the motion without | ||
holding a hearing or without specifying in writing the reasons for | ||
the denial. | ||
(i) If the court denies the motion, the defendant may file | ||
additional motions under this article only as follows: | ||
(1) subject to Subsection (j), a second motion may be | ||
filed on or after the fifth anniversary of the court's order denying | ||
the motion; | ||
(2) a third motion may be filed on or after the second | ||
anniversary of, as applicable: | ||
(A) the court's order denying the second motion; | ||
or | ||
(B) the disposition of the defendant's appeal of | ||
the order denying the defendant's first motion; and | ||
(3) a defendant who is 50 years of age or older may | ||
file a fourth and final motion at any time after the court has | ||
denied the third motion. | ||
(j) The defendant or the attorney representing the state may | ||
appeal an order of the court under this article only with respect to | ||
a defendant's first motion or a final motion. For purposes of | ||
Subsection (i), an appeal of a first motion by a defendant is | ||
considered to be the defendant's second motion filed under this | ||
article. | ||
(k) A defendant may not waive the right to file a motion | ||
under this article as part of a plea agreement. A waiver in | ||
violation of this subsection is unenforceable. This subsection does | ||
not prohibit the court from denying a defendant's motion based on | ||
other grounds, including the failure of the defendant to comply | ||
with the requirements of this article. | ||
SECTION 2. The change in law made by this Act applies to a | ||
defendant serving a sentence described by Article 44.26(a), Code of | ||
Criminal Procedure, as added by this Act, regardless of whether the | ||
offense for which the defendant is serving the sentence occurred | ||
before, on, or after the effective date of this Act. | ||
SECTION 3. 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 district court to reduce or modify a sentence | ||
imposing a term of imprisonment for a person who has served not less | ||
than 10 years of the term is approved by the voters. If that | ||
amendment is not approved by the voters, this Act has no effect. |