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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a court to terminate the sentence of |
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certain persons released on parole. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 48, Code of Criminal Procedure, is |
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amended by adding Article 48.07 to read as follows: |
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Art. 48.07. SENTENCE TERMINATION FOR CERTAIN PAROLEES. (a) |
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A person released on parole may file a motion with the court in |
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which the person was convicted requesting that the court terminate |
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the person's sentence if: |
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(1) the person was released on parole not less than 10 |
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years before the date the motion is filed; |
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(2) the person's release on parole was not revoked at |
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any time during the period described by Subdivision (1); and |
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(3) the person is not required to register as a sex |
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offender under Chapter 62. |
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(b) The person must submit with the motion information |
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relevant to the person's rehabilitation, including: |
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(1) the person's employment history while released on |
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parole; |
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(2) information concerning any educational or |
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training programs completed by the person while confined or |
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released on parole; |
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(3) information concerning any volunteer activities |
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of the person; and |
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(4) any letters of support for the person's motion. |
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(c) On receipt of a motion under this article, the court |
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shall: |
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(1) notify the attorney representing the state in the |
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jurisdiction in which the person was convicted; and |
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(2) request from the Texas Department of Criminal |
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Justice under Section 508.313, Government Code, information |
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related to the conduct of the person while on parole. |
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(d) The attorney representing the state may submit to the |
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court any relevant information. |
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(e) The court may hold a hearing to consider the motion and |
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may take testimony from the person who submitted the motion or from |
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any other person having relevant information. If the court holds a |
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hearing, the court shall provide notice of the hearing to the |
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attorney representing the state and allow the attorney to |
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participate in the hearing. |
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(f) Not later than the 180th day after the date a motion is |
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filed under this article, the court shall review the motion, the |
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information obtained under Subsection (c)(2) or provided by the |
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attorney representing the state, and any testimony presented at the |
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hearing, if applicable, to determine whether the person who filed |
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the motion meets the eligibility requirements under Subsection (a). |
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If the person is eligible, the court shall issue an order |
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terminating the person's sentence only if the court determines that |
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it is in the best interest of justice, the public, and the person. |
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(g) The authority of a court under this article is limited |
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to terminating the person's sentence as of the date the order is |
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issued. In terminating the sentence the court may not impose |
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conditions on the issuance of the order or otherwise related to the |
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person's release. |
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(h) A person who receives an order of termination under this |
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article is considered to have fully discharged the person's |
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sentence. |
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SECTION 2. Section 508.313(d), Government Code, is amended |
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to read as follows: |
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(d) In this section, "eligible entity" means: |
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(1) a government agency, including the office of a |
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prosecuting attorney; |
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(2) an organization with which the department |
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contracts or an organization to which the department provides a |
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grant; [or] |
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(3) an organization to which inmates are referred for |
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services by the department; or |
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(4) a court considering a motion under Article 48.07, |
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Code of Criminal Procedure. |
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SECTION 3. The change in law made by this Act applies to a |
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person on parole on or after the effective date of this Act, |
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regardless of whether the person was released on parole before, on, |
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or after that date. |
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SECTION 4. This Act takes effect December 1, 2023, but only |
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if the constitutional amendment proposed by the 88th Legislature, |
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Regular Session, 2023, authorizing the legislature to enact laws |
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providing for a court to terminate the sentence of a person who has |
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successfully served the required number of years on parole is |
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approved by the voters. If that amendment is not approved by the |
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voters, this Act has no effect. |