By Gallego                                            H.B. No. 2729
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to information provided to a jury in the punishment stage
    1-3  of a criminal trial for a felony offense.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 4, Article 37.07, Code of Criminal
    1-6  Procedure, is amended by adding Subsection (e) to read as follows:
    1-7        (e)  In the penalty phase of the trial of a felony offense
    1-8  less than capital in which the punishment is to be assessed by the
    1-9  jury rather than the court, the court shall include in the charge
   1-10  to the jury the most recent information showing the average length
   1-11  of sentence previously imposed by juries in the past two years for
   1-12  the same offense and the average number of days actually served for
   1-13  each year imposed for the same offense in the State of Texas based
   1-14  upon information provided by the Criminal Justice Policy Council
   1-15  pursuant to Section 413.019 of the Government Code.  The court will
   1-16  further instruct the jury as follows:
   1-17  "You are instructed that in assessing punishment you are to base
   1-18  your verdict solely upon the facts and circumstances of this case
   1-19  taking into account all the evidence you have heard and all
   1-20  aggravating and mitigating circumstances, if any.  You are further
   1-21  instructed that you should consider the full range of punishment as
   1-22  given to you in this charge by this court."
   1-23        SECTION 2.  Chapter 413, Government Code, is amended by
    2-1  adding Section 413.019 to read as follows:
    2-2        Section 413.019.  TIME-SERVED REPORT.  (a)  Every six months,
    2-3  the Criminal Justice Policy Council shall prepare a report which
    2-4  shall include the following information:
    2-5              (1)  For the two-year period preceding the report, the
    2-6  average sentence imposed by juries for each felony offense provided
    2-7  for by Texas law.  This information shall be reflected in the
    2-8  report in such a manner as to indicate the effect on sentencing of
    2-9  enhancement by prior convictions; and
   2-10              (2)  For each felony offense reported, the average
   2-11  number of days actually served for each year sentenced for the
   2-12  two-year period preceding the report.
   2-13        (b)  If, in the discretion of the Criminal Justice Policy
   2-14  Council, there is insufficient data to compute statistically
   2-15  meaningful averages for any period, the Criminal Justice Policy
   2-16  Council may use current sentencing practices and good time policies
   2-17  to estimate the information required by this section.
   2-18        (c)  The Criminal Justice Policy Council shall provide a copy
   2-19  to each presiding judge of the administrative judicial regions of
   2-20  Texas at least once every six months.
   2-21        (d)  The presiding judge of each administrative judicial
   2-22  region receiving a report shall provide a copy of the report to
   2-23  each district court having felony jurisdiction in that region.
   2-24        SECTION 3.  The Criminal Justice Policy Council shall prepare
   2-25  and distribute the first report required by Section 413.019,
    3-1  Government Code, as added by Section 2 of this Act, not later than
    3-2  January 1, 1994.
    3-3        SECTION 4.  (a)  The change in law made by Section 1 of this
    3-4  Act applies only to the jury charge for an offense committed on or
    3-5  after January 1, 1994.  For purposes of this section, an offense is
    3-6  committed before January 1, 1994, if any element of the offense
    3-7  occurs before that date.
    3-8        (b)  The jury charge for an offense committed before January
    3-9  1, 1994, is governed by the law in effect when the offense was
   3-10  committed, and the former law is continued in effect for that
   3-11  purpose.
   3-12        SECTION 5.  This Act takes effect September 1, 1993, except
   3-13  that Section 1 of this Act takes effect January 1, 1994.
   3-14        SECTION 6.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.