By: Thompson of Harris H.B. No. 990

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a sentencing policy, accountability, and review council to develop means to assess the effect of sentencing practices and policies on state correctional resources and improve the efficiency of the state criminal justice system, to develop a plan regarding the prosecution of certain child offenders, and to review certain penal laws.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 1, Code of Criminal Procedure, is amended by adding Chapter 1A to read as follows:

CHAPTER 1A. TEXAS SENTENCING POLICY, ACCOUNTABILITY, AND REVIEW

COUNCIL

Art. 1A.01. DEFINITION. In this chapter, "council" means the Texas Sentencing Policy, Accountability, and Review Council.

Art. 1A.02. CREATION. The Texas Sentencing Policy, Accountability, and Review Council is created.

Art. 1A.03. APPOINTMENTS; COMPOSITION. (a) The council consists of the following 20 members who, subject to available state funding, shall be appointed not later than January 31 of each 10th anniversary of the date on which appointments were most recently made under this article:

(1) four members of the senate appointed by the lieutenant governor;

(2) four members of the house of representatives appointed by the speaker; and

(3) 12 members appointed by the governor.

(b) Of the members appointed by the governor:

(1) one must be a member of the court of criminal appeals;

(2) one must be a current or former trial judge hearing criminal cases;

(3) one must be a prosecuting attorney;

(4) one must be a criminal defense lawyer;

(5) one must be a crime victims' rights advocate;

(6) one must be a defendants' rights advocate;

(7) one must be a statewide corrections system administrator;

(8) one must be a county jail administrator;

(9) one must be a law professor or former law professor; and

(10) one must be a law enforcement representative.

(c) Each member of the council serves a term that expires on the date of adjournment sine die of the next regular legislative session that initially convenes following the date the member was appointed.

(d) The governor shall designate a member of the council to serve as presiding officer.

Art. 1A.04. COMPENSATION AND REIMBURSEMENT. A member of the council serves without compensation for service on the council but is entitled to reimbursement for the member's travel expenses as provided by Chapter 660, Government Code, and the General Appropriations Act.

Art. 1A.05. PURPOSE. The purpose of the council is to develop means to promote a more balanced and cost-effective state criminal justice system.

Art. 1A.06. DUTIES. (a) To accomplish its purpose, the council shall:

(1) conduct an in-depth analysis of sentencing practices used throughout the state criminal justice system with special emphasis on convictions pursuant to Section 481.121, Health and Safety Code;

(2) identify disparities between the severity of offenses and their prescribed penalties and determine appropriate adjustments;

(3) ascertain other means by which to enhance consistency and reduce disparity in sentencing;

(4) compare community supervision, parole, and sentencing terms in this state to terms in other states;

(5) determine means by which to balance state and county criminal justice responsibilities with resources;

(6) devise an approach that would allow the state to balance sentencing policies with correctional resources;

(7) study and review all penal laws of this state other than criminal offenses:

(A) under the Penal Code;

(B) under Chapter 481, Health and Safety Code; or

(C) related to the operation of a motor vehicle;

(8) evaluate all laws described by Subdivision (7); and

(9) make recommendations to the legislature regarding the repeal of laws that are identified under Subdivision (7) as being unnecessary, unclear, duplicative, overly broad, or otherwise insufficient to serve the intended purpose of the law.

(b) The Legislative Budget Board shall assist the council in performing its duties.

Art. 1A.065. PROSECUTION OF 17-YEAR-OLD CHILDREN. (a) The council shall:

(1) evaluate a proposal to define a person who is 17 years of age and commits an offense as a child under the Family Code to include the person under the jurisdiction of a juvenile court;

(2) develop an implementation plan that includes legislative, administrative, and funding changes necessary to adopt the proposal; and

(3) determine whether the legislature should implement the proposal described by Subdivision (1) by considering:

(A) the potential short-term and long-term benefits to offenders, victims, and taxpayers;

(B) the requirements of federal law, including the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et seq.), for the confinement of persons 17 years of age;

(C) the implications of the decisions of the United States Supreme Court in Miller v. Alabama, 567 U.S. ____ (2012), and similar cases involving the sentencing of persons younger than 18 years of age;

(D) appropriate sanctions, services, and treatment programs for persons 17 years of age who have committed criminal offenses and the effectiveness of the sanctions, services, and programs;

(E) best practices and national trends in the prosecution and sentencing of persons younger than 18 years of age;

(F) data about the nature and frequency of offenses committed by persons 17 years of age in this state;

(G) the projected costs and savings for the state criminal court and juvenile court systems, state and local law enforcement, local adult and juvenile probation departments, state and local correctional facilities, and facilities operated by the Texas Juvenile Justice Department;

(H) which criminal and juvenile justice laws to amend, including laws relating to traffic offenses, offenses under the Education Code or Alcoholic Beverage Code, and laws relating to criminal records; and

(I) any other issues that the council considers relevant to the proposal.

(b) The council shall:

(1) develop the implementation plan relating to the proposal described by Subsection (a)(1);

(2) calculate the projected state and local adult and juvenile correctional facility populations if the plan is implemented;

(3) conduct a cost-benefit analysis for each part of the juvenile and adult criminal justice systems and for offenders, victims, and taxpayers if the plan is implemented; and

(4) make findings and recommendations and describe policy considerations relating to whether the proposal should be adopted.

(c) This article expires June 1, 2015.

Art. 1A.07. REPORT. (a) The council shall submit a detailed report of its findings and recommendations, including any proposed legislation, to the legislature not later than January 1 immediately preceding the next regular legislative session that initially convenes following the appointment of members under Article 1A.03.

(b) The council may contract with an appropriate governmental or nongovernmental entity for the purpose of completing the report.

SECTION 2. (a) Notwithstanding any provision to the contrary under Article 1A.03, Code of Criminal Procedure, as added by this Act:

(1) the initial appointments to the Texas Sentencing Policy, Accountability, and Review Council shall be made not later than the 30th day after the effective date of this Act;

(2) the terms of the initial council members expire on adjournment sine die of the 84th Regular Legislative Session; and

(3) the next subsequent appointments shall be made not later than January 31, 2023.

(b) The Texas Sentencing Policy, Accountability, and Review Council shall submit the first report required under Article 1A.07, Code of Criminal Procedure, as added by this Act, not later than January 1, 2015.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.