bill letting courts shorten sentences for long-serving inmates

The text as introduced · 1,797 words

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.

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, 2026, 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 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.