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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecutors providing information about the benefits |
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and costs of a proposed sentence for a defendant in a criminal |
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trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Code of Criminal Procedure, is |
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amended by adding Article 37.0701 to read as follows: |
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Art. 37.0701. INFORMATION ON BENEFITS AND COSTS OF PROPOSED |
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SENTENCE. (a) In the penalty phase of a trial, the attorney |
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representing the state shall state on the record the attorney's |
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reasoning for the terms of any sentence the attorney recommends, |
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including the benefits and costs of the proposed sentence to the |
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public and the total financial cost of the proposed sentence. |
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(b) The attorney representing the state shall calculate the |
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total financial cost of a proposed sentence by multiplying the |
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number of days of the sentence by the cost per day of the sentence as |
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provided by: |
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(1) the most recent edition of the Criminal and |
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Juvenile Justice Uniform Cost Report published by the Legislative |
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Budget Board; or |
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(2) the commissioners court of the prosecuting county, |
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as required by Subsection (c). |
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(c) The commissioners court of each county annually shall |
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calculate for the preceding fiscal year the average cost per day of |
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confining a prisoner convicted of an offense in that county and on |
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request shall provide the most recently calculated cost per day to |
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an attorney representing the state. |
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(d) Any error in calculating the total financial cost of a |
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proposed sentence under this article may not be used by a defendant |
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in a criminal case as a ground for appeal, a ground to set aside the |
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conviction or sentence, or a ground in a habeas corpus petition. |
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SECTION 2. The change in law made by this Act applies to a |
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defendant sentenced for an offense on or after the effective date of |
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this Act, regardless of when the offense was committed. |
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SECTION 3. This Act takes effect September 1, 2019. |