87R11951 TSS-D

By: Sherman, Sr. H.B. No. 3586

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas Sentencing Commission and to the collection and analysis of certain criminal sentencing information.

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

SECTION 1. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.25 to read as follows:

Art. 42.25. SENTENCING INFORMATION FORM. On accepting a plea of guilty or nolo contendere or entering an adjudication of guilt, the judge shall complete and return the sentencing information form made available by the Office of Court Administration of the Texas Judicial System under Section 72.257, Government Code.

SECTION 2. Chapter 72, Government Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. TEXAS SENTENCING COMMISSION

Sec. 72.251. DEFINITIONS. In this subchapter, "commission" means the Texas Sentencing Commission.

Sec. 72.252. ESTABLISHMENT. The Texas Sentencing Commission is established to ensure that criminal sentencing in this state is justly implemented to:

(1) punish an offender commensurate with:

(A) the nature and extent of the harm caused by the offense committed; and

(B) facts or circumstances that mitigate the offender's culpability; and

(2) rehabilitate the offender so that the offender may successfully reenter the offender's community.

Sec. 72.253. COMPOSITION; TERMS. (a) The commission is composed of the following members:

(1) nine voting members, appointed by the governor, including:

(A) three members who are judges of district or county courts who hear criminal cases;

(B) two members who are prosecuting attorneys; and

(C) two members who are public defenders;

(2) one advisory member appointed by the senate committee with primary jurisdiction over the judiciary; and

(3) one advisory member appointed by the house committee with primary jurisdiction over the judiciary.

(b) The governor shall select a member of the commission to serve as presiding officer.

(c) Members of the commission serve staggered four-year terms, with the terms of four or five members expiring on February 1 of each odd-numbered year.

(d) A vacancy on the commission shall be filled in the same manner as the original appointment.

Sec. 72.254. STAFF. The commission may employ an executive director, an assistant director, two attorneys licensed to practice in this state, and an intern as necessary to administer the commission's functions.

Sec. 72.255. MEETINGS. The commission shall meet at least four times each year at the call of the presiding officer.

Sec. 72.256. COMPENSATION; REIMBURSEMENT OF EXPENSES. A member of the commission is not entitled to compensation for service on the commission or reimbursement of expenses incurred in performing functions as a commission member.

Sec. 72.257. DUTIES OF COMMISSION. The commission shall:

(1) evaluate the efficacy of sentencing laws and policies throughout the state;

(2) develop suggested sentencing standards for each trial judge in this state that hears criminal cases;

(3) develop a sentencing information form to be used by each trial judge in this state that hears criminal cases that requires the judge to provide the following information regarding each criminal case:

(A) demographic information of the offender and each victim, if known;

(B) the outcome of the case;

(C) a description of the sentence ordered, if any;

(D) the reasons the sentence ordered differed from the suggested sentencing standard developed under Subdivision (2), if known and applicable, and

(E) the signature of the judge and the prosecuting attorney;

(4) analyze the information included on each sentencing information form collected by the office and returned to the commission; and

(5) update sentencing standards and forms developed under this subsection as necessary to better achieve the commission's purpose under Section 72.252.

Sec. 72.258. BIENNIAL REPORT. The commission shall submit a biennial report to the legislature not later than November 1 of each even-numbered year detailing the commission's legislative recommendations relating to sentencing in criminal cases.

Sec. 72.259. SENTENCING STANDARDS AND FORMS. (a) The office shall make available the sentencing standards and form developed by the commission under Section 72.257 to each trial judge in this state that hears criminal cases and make the standards and form available on the office's Internet website.

(b) The office shall develop and implement a procedure to collect completed sentencing information forms under this section and return the forms to the commission.

Sec. 72.260. ADMINISTRATIVE SUPPORT. The office shall provide administrative and technical support services to the commission as necessary to carry out the purposes of this subchapter.

SECTION 3. As soon as practicable after the effective date of this Act, the appropriate persons shall appoint the members of the Texas Sentencing Commission created by Subchapter H, Chapter 72, Government Code, as added by this Act.

SECTION 4. As soon as practicable after the effective date of this Act, the Office of Court Administration of the Texas Judicial System shall make available on the office's Internet website all forms and materials required by Section 72.257, Government Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2021.