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A BILL TO BE ENTITLED
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AN ACT
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relating to mitigation of certain excessive punishment imposed for |
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a criminal conviction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 44, Code of Criminal Procedure, is |
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amended by adding Article 44.26 to read as follows: |
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Art. 44.26. MITIGATION OF SENTENCE. (a) An appellate court |
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may reform or vacate a sentence as one in violation of Section 13, |
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Article I, Texas Constitution, if the defendant shows gross |
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disproportionality with respect to the harshness of the sentence as |
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compared to the gravity of the offense or the violation of a |
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condition of community supervision, as applicable. In evaluating |
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the proportionality of a sentence under this subsection, the |
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appellate court must accord substantial deference to the policy |
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judgments of the legislature as reflected in the terms of sentences |
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mandated under state law. |
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(b) An appellate court may reduce a period of imprisonment |
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imposed by a judge who is known to the court to habitually render |
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maximum sentences in criminal cases under the jurisdiction of the |
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convicting court. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |