Thompson’s bill letting long-term parolees ask to end sentences

The text as introduced · 694 words

89R245 MCF-D

By: Thompson
H.B. No. 280

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a court to terminate the sentence of

certain persons released on parole.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 48, Code of Criminal Procedure, is

amended by adding Article 48.07 to read as follows:

Art. 48.07. SENTENCE TERMINATION FOR CERTAIN PAROLEES. (a)

A person released on parole may file a motion with the court in

which the person was convicted requesting that the court terminate

the person's sentence if:

(1) the person was released on parole not less than 10

years before the date the motion is filed;

(2) the person's release on parole was not revoked at

any time during the period described by Subdivision (1); and

(3) the person is not required to register as a sex

offender under Chapter 62.

(b) The person must submit with the motion information

relevant to the person's rehabilitation, including:

(1) the person's employment history while released on

parole;

(2) information concerning any educational or

training programs completed by the person while confined or

released on parole;

(3) information concerning any volunteer activities

of the person; and

(4) any letters of support for the person's motion.

(c) On receipt of a motion under this article, the court

shall:

(1) notify the attorney representing the state in the

jurisdiction in which the person was convicted; and

(2) request from the Texas Department of Criminal

Justice under Section 508.313, Government Code, information

related to the conduct of the person while on parole.

(d) The attorney representing the state may submit to the

court any relevant information.

(e) The court may hold a hearing to consider the motion and

may take testimony from the person who submitted the motion or from

any other person having relevant information. If the court holds a

hearing, the court shall provide notice of the hearing to the

attorney representing the state and allow the attorney to

participate in the hearing.

(f) Not later than the 180th day after the date a motion is

filed under this article, the court shall review the motion, the

information obtained under Subsection (c)(2) or provided by the

attorney representing the state, and any testimony presented at the

hearing, if applicable, to determine whether the person who filed

the motion meets the eligibility requirements under Subsection (a).

If the person is eligible, the court shall issue an order

terminating the person's sentence only if the court determines that

issuance of the order is in the best interest of justice, the

public, and the person.

(g) The authority of a court under this article is limited

to terminating the person's sentence as of the date the order is

issued. In terminating the sentence the court may not impose

conditions on the issuance of the order or otherwise related to the

person's release.

(h) A person who receives an order of termination under this

article is considered to have fully discharged the person's

sentence.

SECTION 2. Section 508.313(d), Government Code, is amended

to read as follows:

(d) In this section, "eligible entity" means:

(1) a government agency, including the office of a

prosecuting attorney;

(2) an organization with which the department

contracts or an organization to which the department provides a

grant; [ or ]

(3) an organization to which inmates are referred for

services by the department ; or

(4) a court considering a motion under Article 48.07,

Code of Criminal Procedure .

SECTION 3. The change in law made by this Act applies to a

person on parole on or after the effective date of this Act,

regardless of whether the person was released on parole before, on,

or after that date.

SECTION 4. 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 court to terminate the sentence of a person who has

successfully served the required number of years on parole is

approved by the voters. If that amendment is not approved by the

voters, this Act has no effect.