HB773 - Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.

  89R4503 EAS-F     By: Moody H.B. No. 773       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 regarding the   inmate's suitability for release under this chapter.           (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 that purpose. 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, the   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 the 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   the parties to present additional evidence, including hearsay   evidence.           Art.   53.005.     DECISION. (a)   A court shall grant a motion   filed under this chapter 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.   The   court shall either state in open court or file in writing the   court's reasons for granting or denying the motion.           (b)     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).             (c)     An inmate who is 50 years of age or older is presumed to   be suitable for release 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 was 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 court 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   a term that is less than 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 while reviewing the legal judgment de novo unless the   findings are clearly erroneous.     [Text truncated for display. Full text available on Congress.gov.]