bill letting courts reduce sentences after 10 years

The text as introduced · 1,042 words

89R6613 EAS-F

By: Collier
H.B. No. 1852

A BILL TO BE ENTITLED

AN ACT

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 written consent of the attorney

representing the state, reduce or modify the defendant's sentence

in accordance with Subsection (d) if the court finds by a

preponderance of the evidence 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) Except as provided by Subsection (g), the court shall

hold a hearing on a motion filed under this article. Before holding

the 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 only if the defendant has waived in writing the

defendant's right to be present when the motion is considered.

(h) If the court denies the motion, the court shall issue a

written order stating the court's 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, 2025, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, 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.