By Dutton                                             H.B. No. 1365
       74R4211 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the reformation of sentences in criminal cases.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 44, Code of Criminal Procedure, is
    1-5  amended by adding Article 44.26 to read as follows:
    1-6        Art. 44.26.  REFORMATION OF DISPROPORTIONATELY PUNITIVE
    1-7  SENTENCE.  (a)  A court of appeals or the court of criminal appeals
    1-8  shall reform the judgment in a criminal case if the court
    1-9  determines that the sentence in the case is disproportionately
   1-10  punitive in comparison to other sentences for the same offense in
   1-11  the same jurisdiction and that race was a statistically significant
   1-12  factor in the sentencing decision.
   1-13        (b)  Evidence relevant to establish an inference that race
   1-14  was the basis of a disproportionately punitive sentence may include
   1-15  evidence that in the jurisdiction at the time the appellant was
   1-16  sentenced:
   1-17              (1)  persons of one race were on the average receiving
   1-18  longer terms of confinement or imprisonment for the offense for
   1-19  which the appellant was convicted than were persons of another
   1-20  race; or
   1-21              (2)  persons of one race were receiving community
   1-22  supervision or other alternative sanctions for the offense for
   1-23  which the appellant was convicted with less frequency than persons
   1-24  of another race.
    2-1        (c)  If statistical evidence is presented to establish an
    2-2  inference that race was the basis of a disproportionately punitive
    2-3  sentence, the court shall determine the validity of the evidence
    2-4  and whether the evidence provides a basis for the inference.  The
    2-5  evidence must include, to the extent the evidence is compiled and
    2-6  publicly made available, evidence of any statutory aggravating
    2-7  factors in the offense for which the appellant was convicted and
    2-8  comparisons of similar cases involving defendants of different
    2-9  races.
   2-10        (d)  If an inference that race was the basis of a
   2-11  disproportionately punitive sentence is established, the court
   2-12  shall reform the sentence to a sentence that is not
   2-13  disproportionately punitive in comparison to other sentences for
   2-14  the same offense in the jurisdiction in which the defendant was
   2-15  convicted.
   2-16        (e)  Statistical evidence provided by the Criminal Justice
   2-17  Policy Council under Section 413.020, Government Code, is
   2-18  admissible to prove either that race was or was not the basis of a
   2-19  disproportionately punitive punishment.
   2-20        SECTION 2.  Chapter 413, Government Code, is amended by
   2-21  adding Section 413.020 to read as follows:
   2-22        Sec. 413.020.  REPORT ON DISPROPORTIONATELY PUNITIVE
   2-23  SENTENCES.  (a)  The policy council, for each county in this state,
   2-24  annually shall calculate for each offense for which there is more
   2-25  than one conviction in the county:
   2-26              (1)  the average term of confinement or imprisonment
   2-27  for persons convicted of the offense;
    3-1              (2)  the frequency with which persons convicted of the
    3-2  offense receive community supervision or another alternative
    3-3  sanction; and
    3-4              (3)  if persons of more than one race are convicted of
    3-5  the offense, for the members of each race convicted of the offense
    3-6  the average term of confinement or imprisonment and the frequency
    3-7  with which persons of that race receive community supervision or
    3-8  another alternative sanction on conviction of the offense.
    3-9        (b)  The policy council shall prepare the information
   3-10  described by Subsection (a) in report form and make the form
   3-11  available to each court in the state that hears criminal cases.
   3-12        SECTION 3.  The Criminal Justice Policy Council shall prepare
   3-13  and make available the first report required by Section 413.020,
   3-14  Government Code, as added by this Act, no later than September 1,
   3-15  1996.
   3-16        SECTION 4.  (a)  The change in law made by this Act applies
   3-17  only to an appeal of a sentence on conviction of an offense
   3-18  committed on or after the effective date of this Act.  For purposes
   3-19  of this section, an offense is committed before the effective date
   3-20  of this Act if any element of the offense occurs before the
   3-21  effective date.
   3-22        (b)  An appeal of a sentence on conviction of an offense
   3-23  committed before the effective date of this Act is covered by the
   3-24  law in effect when the offense was committed, and the former law is
   3-25  continued in effect for this purpose.
   3-26        SECTION 5.  This Act takes effect September 1, 1995.
   3-27        SECTION 6.  The importance of this legislation and the
    4-1  crowded condition of the calendars in both houses create an
    4-2  emergency and an imperative public necessity that the
    4-3  constitutional rule requiring bills to be read on three several
    4-4  days in each house be suspended, and this rule is hereby suspended.