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.