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.