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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 Texas Sentencing Commission and to |
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the collection and analysis of certain criminal sentencing |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.25 to read as follows: |
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Art. 42.25. SENTENCING INFORMATION FORM. On accepting a |
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plea of guilty or nolo contendere or entering an adjudication of |
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guilt, the judge shall complete and return the sentencing |
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information form made available by the Office of Court |
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Administration of the Texas Judicial System under Section 72.257, |
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Government Code. |
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SECTION 2. Chapter 72, Government Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. TEXAS SENTENCING COMMISSION |
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Sec. 72.251. DEFINITIONS. In this subchapter, "commission" |
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means the Texas Sentencing Commission. |
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Sec. 72.252. ESTABLISHMENT. The Texas Sentencing |
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Commission is established to ensure that criminal sentencing in |
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this state is justly implemented to: |
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(1) punish an offender commensurate with: |
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(A) the nature and extent of the harm caused by |
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the offense committed; and |
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(B) facts or circumstances that mitigate the |
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offender's culpability; and |
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(2) rehabilitate the offender so that the offender may |
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successfully reenter the offender's community. |
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Sec. 72.253. COMPOSITION; TERMS. (a) The commission is |
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composed of the following members: |
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(1) nine voting members, appointed by the governor, |
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including: |
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(A) three members who are judges of district or |
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county courts who hear criminal cases; |
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(B) two members who are prosecuting attorneys; |
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and |
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(C) two members who are public defenders; |
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(2) one advisory member appointed by the senate |
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committee with primary jurisdiction over the judiciary; and |
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(3) one advisory member appointed by the house |
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committee with primary jurisdiction over the judiciary. |
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(b) The governor shall select a member of the commission to |
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serve as presiding officer. |
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(c) Members of the commission serve staggered four-year |
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terms, with the terms of four or five members expiring on February 1 |
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of each odd-numbered year. |
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(d) A vacancy on the commission shall be filled in the same |
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manner as the original appointment. |
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Sec. 72.254. STAFF. The commission may employ an executive |
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director, an assistant director, two attorneys licensed to practice |
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in this state, and an intern as necessary to administer the |
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commission's functions. |
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Sec. 72.255. MEETINGS. The commission shall meet at least |
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four times each year at the call of the presiding officer. |
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Sec. 72.256. COMPENSATION; REIMBURSEMENT OF EXPENSES. A |
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member of the commission is not entitled to compensation for |
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service on the commission or reimbursement of expenses incurred in |
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performing functions as a commission member. |
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Sec. 72.257. DUTIES OF COMMISSION. The commission shall: |
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(1) evaluate the efficacy of sentencing laws and |
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policies throughout the state; |
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(2) develop suggested sentencing standards for each |
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trial judge in this state that hears criminal cases; |
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(3) develop a sentencing information form to be used |
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by each trial judge in this state that hears criminal cases that |
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requires the judge to provide the following information regarding |
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each criminal case: |
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(A) demographic information of the offender and |
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each victim, if known; |
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(B) the outcome of the case; |
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(C) a description of the sentence ordered, if |
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any; |
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(D) the reasons the sentence ordered differed |
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from the suggested sentencing standard developed under Subdivision |
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(2), if known and applicable, and |
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(E) the signature of the judge and the |
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prosecuting attorney; |
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(4) analyze the information included on each |
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sentencing information form collected by the office and returned to |
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the commission; and |
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(5) update sentencing standards and forms developed |
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under this subsection as necessary to better achieve the |
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commission's purpose under Section 72.252. |
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Sec. 72.258. BIENNIAL REPORT. The commission shall submit |
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a biennial report to the legislature not later than November 1 of |
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each even-numbered year detailing the commission's legislative |
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recommendations relating to sentencing in criminal cases. |
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Sec. 72.259. SENTENCING STANDARDS AND FORMS. (a) The |
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office shall make available the sentencing standards and form |
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developed by the commission under Section 72.257 to each trial |
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judge in this state that hears criminal cases and make the standards |
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and form available on the office's Internet website. |
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(b) The office shall develop and implement a procedure to |
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collect completed sentencing information forms under this section |
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and return the forms to the commission. |
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Sec. 72.260. ADMINISTRATIVE SUPPORT. The office shall |
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provide administrative and technical support services to the |
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commission as necessary to carry out the purposes of this |
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subchapter. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the appropriate persons shall appoint the members of |
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the Texas Sentencing Commission created by Subchapter H, Chapter |
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72, Government Code, as added by this Act. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Office of Court Administration of the Texas |
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Judicial System shall make available on the office's Internet |
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website all forms and materials required by Section 72.257, |
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Government Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |