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.