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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Proportional Fine Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. PROPORTIONAL FINE COMMISSION. (a) In this |
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section, "commission" means the Proportional Fine Commission. |
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(b) The commission is created to study and make |
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recommendations to the legislature regarding the implementation of |
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a statutory requirement that a criminal fine be proportional to the |
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severity of the offense and to the defendant's net income. |
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(c) The commission shall: |
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(1) review all criminal offenses of this state and |
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assign to each offense a number of "offense units" not less than 1 |
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or more than 120 that reflects the relative severity of the offense; |
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and |
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(2) make recommendations to the legislature |
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regarding: |
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(A) the implementation of a proportional |
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criminal fine for each criminal offense that is calculated by |
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multiplying: |
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(i) the number of "offense units" assigned |
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to the offense as described by Subdivision (1) of this subsection; |
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and |
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(ii) the quotient of the defendant's net |
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income and 365; |
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(B) a method of determining a defendant's net |
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income for purposes of calculating the fine amount under Paragraph |
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(A) of this subdivision; |
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(C) any permissible adjustments to the fine |
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amount, as calculated under Paragraph (A) of this subdivision, to |
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reflect a defendant's individual circumstances; and |
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(D) any conforming changes to state law that are |
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necessary to accommodate the implementation of proportional |
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criminal fines as described by this subdivision. |
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(d) The commission is composed of nine members appointed by |
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the governor, including: |
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(1) a district court judge; |
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(2) a prosecuting attorney; |
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(3) a public defender; |
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(4) a private attorney who specializes in criminal |
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defense; |
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(5) a director of a community supervision and |
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corrections department established under Chapter 76, Government |
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Code; |
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(6) a supervision officer employed by a community |
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supervision and corrections department established under Chapter |
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76, Government Code; |
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(7) a representative of a nonprofit organization that |
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serves low-income communities; and |
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(8) an expert specializing in criminal sentencing or |
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criminology. |
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(e) The governor shall designate one member of the |
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commission to serve as the presiding officer of the commission. |
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(f) A member of the commission is not entitled to |
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compensation or reimbursement of expenses. |
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(g) The commission shall meet at the call of the presiding |
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officer. |
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(h) Not later than November 1, 2020, the commission shall |
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report the commission's findings and recommendations to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, the Supreme Court of Texas, the Texas Court of |
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Criminal Appeals, and the standing committees of the house of |
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representatives and the senate with primary jurisdiction over |
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criminal justice. |
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SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th |
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day after the effective date of this Act, the governor shall appoint |
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the members of the commission created under this Act. |
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SECTION 3. ABOLITION OF COMMISSION. The commission is |
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abolished and this Act expires December 31, 2020. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect September |
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1, 2019. |