| |
| |
|
|
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 |
|
|
it 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, 2021, but only |
|
|
if the constitutional amendment proposed by the 87th Legislature, |
|
|
Regular Session, 2021, 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. |