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A BILL TO BE ENTITLED
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AN ACT
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relating to a criminal justice system sentencing database |
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established by the Office of Court Administration of the Texas |
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Judicial System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 72, Government Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. CRIMINAL JUSTICE SYSTEM SENTENCING DATABASE |
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Sec. 72.201. DEFINITION. In this subchapter, "database" |
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means the criminal justice system sentencing database maintained |
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under this subchapter. |
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Sec. 72.202. DATABASE. (a) The office shall create and |
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maintain a database to collect, compile, and analyze data regarding |
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the sentencing of defendants. |
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(b) The office shall compile data that includes, with |
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respect to each defendant who has been convicted of a Class B |
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misdemeanor or any higher category of offense: |
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(1) the defendant's age and the zip code of the |
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defendant's primary residence at the time of the alleged offense; |
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(2) whether the defendant was determined to be |
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indigent at any time during the defendant's criminal case; |
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(3) the defendant's race, ethnicity, and gender; |
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(4) the offenses, including the category of each |
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offense, for which the defendant was sentenced; |
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(5) the provision of law under which the defendant was |
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sentenced; |
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(6) the date on which the offense occurred and the date |
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of the defendant's sentencing for that offense; |
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(7) the length of any term of imprisonment to which the |
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defendant was sentenced, including any period of probation or |
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community supervision, and if multiple sentences were ordered, |
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whether the sentences were ordered to be served consecutively or |
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concurrently; |
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(8) any court fees, fines, or amounts of restitution |
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assessed or ordered and the amount of each; |
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(9) each charge brought against the defendant in a |
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single criminal action, including any dismissed, amended, or |
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reduced charges; |
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(10) any enhancements applied during sentencing; |
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(11) the amount and type of any bail ordered by the |
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court; |
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(12) any credit for time served; |
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(13) whether the defendant was required to attend a |
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diversionary or treatment program, and if so, which program; |
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(14) whether the defendant pleaded guilty, not guilty, |
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or nolo contendere; |
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(15) any plea bargain agreement approved or rejected |
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by the court; |
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(16) whether punishment was assessed by the jury, and |
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if so, the jury's recommended sentence; |
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(17) if the defendant was convicted following trial, |
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whether the trial was a bench or jury trial; |
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(18) whether the defendant was represented by a |
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private attorney, a court-appointed private attorney, or a |
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court-appointed public defender or waived the right to |
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representation; |
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(19) the category of correctional facility at which |
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the defendant will serve confinement, if applicable; and |
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(20) if the offense was a drug offense, the identity |
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and amount of controlled substance for which the defendant was |
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convicted. |
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(c) Information maintained in the database under this |
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section is not required to be removed from the database following an |
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order of expunction issued with respect to that information. |
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Sec. 72.203. SUBMISSION OF INFORMATION BY COURTS. On final |
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disposition of a defendant's case, the clerk of the sentencing |
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court shall submit to the office, within the time period prescribed |
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by the office, a written record of the data required under Section |
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72.202, with respect to the defendant's case. |
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Sec. 72.204. PUBLISHED INFORMATION. (a) The office shall |
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publish deidentified sentencing data from the information in the |
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database on the office's Internet website in a modern, open, |
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electronic format that is machine-readable and readily accessible |
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by the public, free of charge. The office shall update the |
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information on the Internet website on a monthly basis. |
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(b) The sentencing data must be searchable by: |
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(1) each data element described by Section 72.202(b); |
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and |
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(2) the county and circuit in which a court is located. |
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(c) The data published on the office's Internet website may |
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not disclose the name or identifying information of a defendant or |
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any other individual involved in the defendant's sentencing. |
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Sec. 72.205. REPORT. Not later than September 1 of each |
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even-numbered year, the office shall submit a report to the |
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governor and the legislature regarding the data compiled in the |
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database. |
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Sec. 72.206. RULES. The office may adopt rules as necessary |
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to implement this subchapter. |
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SECTION 2. The Office of Court Administration of the Texas |
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Judicial System shall create the database described by Subchapter |
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H, Chapter 72, Government Code, as added by this Act, as soon as |
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practicable after the effective date of this Act. |
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SECTION 3. A court is not required to submit information to |
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the Office of Court Administration of the Texas Judicial System |
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under Section 72.203, Government Code, as added by this Act, |
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regarding any sentencing that occurred before January 1, 2022. |
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SECTION 4. The Office of Court Administration of the Texas |
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Judicial System shall begin publishing sentencing data under |
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Section 72.204, Government Code, as added by this Act, on the |
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office's Internet website not later than April 1, 2022. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |