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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a sentencing policy, |
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accountability, and review council to develop means to assess the |
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effect of sentencing practices and policies on state correctional |
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resources and improve the efficiency of the state criminal justice |
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system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 1A to read as follows: |
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CHAPTER 1A. TEXAS SENTENCING POLICY, ACCOUNTABILITY, AND REVIEW |
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COUNCIL |
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Art. 1A.01. DEFINITION. In this chapter, "council" means |
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the Texas Sentencing Policy, Accountability, and Review Council. |
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Art. 1A.02. CREATION. The Texas Sentencing Policy, |
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Accountability, and Review Council is created. |
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Art. 1A.03. APPOINTMENTS; COMPOSITION. (a) The council |
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consists of the following 20 members who, subject to available |
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state funding, shall be appointed not later than January 31 of each |
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10th anniversary of the date on which appointments were most |
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recently made under this article: |
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(1) four members of the senate appointed by the |
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lieutenant governor; |
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(2) four members of the house of representatives |
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appointed by the speaker; and |
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(3) 12 members appointed by the governor. |
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(b) Of the members appointed by the governor: |
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(1) one must be a member of the court of criminal |
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appeals; |
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(2) one must be a current or former trial judge hearing |
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criminal cases; |
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(3) one must be a prosecuting attorney; |
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(4) one must be a criminal defense lawyer; |
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(5) one must be a crime victims' rights advocate; |
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(6) one must be a defendants' rights advocate; |
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(7) one must be a statewide corrections system |
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administrator; |
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(8) one must be a county jail administrator; |
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(9) one must be a law professor or former law |
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professor; and |
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(10) one must be a law enforcement representative. |
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(c) Each member of the council serves a term that expires on |
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the date of adjournment sine die of the next regular legislative |
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session that initially convenes following the date the member was |
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appointed. |
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(d) The governor shall designate a member of the council to |
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serve as presiding officer. |
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Art. 1A.04. COMPENSATION AND REIMBURSEMENT. A member of |
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the council serves without compensation for service on the council |
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but is entitled to reimbursement for the member's travel expenses |
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as provided by Chapter 660, Government Code, and the General |
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Appropriations Act. |
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Art. 1A.05. PURPOSE. The purpose of the council is to |
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develop means to promote a more balanced and cost-effective state |
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criminal justice system. |
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Art. 1A.06. DUTIES. (a) To accomplish its purpose, the |
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council shall: |
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(1) conduct an in-depth analysis of sentencing |
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practices used throughout the state criminal justice system; |
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(2) identify disparities between the severity of |
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offenses and their prescribed penalties and determine appropriate |
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adjustments; |
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(3) ascertain other means by which to enhance |
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consistency and reduce disparity in sentencing; |
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(4) compare community supervision, parole, and |
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sentencing terms in this state to terms in other states; |
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(5) determine means by which to balance state and |
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county criminal justice responsibilities with resources; and |
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(6) devise an approach that would allow the state to |
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balance sentencing policies with correctional resources. |
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(b) The Legislative Budget Board shall assist the council in |
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performing its duties. |
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Art. 1A.07. REPORT. (a) The council shall submit a |
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detailed report of its findings and recommendations, including any |
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proposed legislation, to the legislature not later than January 1 |
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immediately preceding the next regular legislative session that |
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initially convenes following the appointment of members under |
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Article 1A.03. |
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(b) The council may contract with an appropriate |
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governmental or nongovernmental entity for the purpose of |
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completing the report. |
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SECTION 2. (a) Notwithstanding any provision to the |
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contrary under Article 1A.03, Code of Criminal Procedure, as added |
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by this Act: |
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(1) the initial appointments to the Texas Sentencing |
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Policy, Accountability, and Review Council shall be made not later |
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than the 30th day after the effective date of this Act; |
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(2) the terms of the initial council members expire on |
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adjournment sine die of the 84th Regular Legislative Session; and |
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(3) the next subsequent appointments shall be made not |
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later than January 31, 2023. |
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(b) The Texas Sentencing Policy, Accountability, and Review |
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Council shall submit the first report required under Article 1A.07, |
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Code of Criminal Procedure, as added by this Act, not later than |
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January 1, 2015. |
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SECTION 3. 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, 2013. |