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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 grant a motion for |
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resentencing in certain criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 41 to read as follows: |
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CHAPTER 41. RESENTENCING |
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Art. 41.001. RESENTENCING ON MOTION BY AGREEMENT OF |
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PARTIES. (a) In this article, "attorney representing the state" |
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means a district attorney, a criminal district attorney, or a |
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county attorney with criminal jurisdiction. |
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(b) This article does not apply to an inmate who is serving a |
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sentence for an offense listed in Article 42A.054(a) or for which |
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the judgment contains an affirmative finding under Article |
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42A.054(c) or (d). |
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(c) Notwithstanding any other law, at any time during the |
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period of a term of imprisonment, an inmate may, with the written |
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consent of the attorney representing the state, file a motion for |
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resentencing with the convicting court. The motion must include an |
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agreed statement of facts for the court to consider. |
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(d) The court may, after a hearing, grant a motion for |
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resentencing in the interest of justice. The court may rely on the |
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agreed statement of facts in granting the motion, and the agreed |
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statement may constitute the entire record in the cause. |
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(e) Neither the attorney representing the state nor the |
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inmate is entitled to appeal the court's decision to deny a motion |
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for resentencing. |
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(f) The attorney representing the state may condition the |
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attorney's consent to a motion for resentencing on any appropriate |
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reason, including a requirement that the inmate: |
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(1) accept a specific punishment; |
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(2) waive the inmate's parole eligibility as part of |
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any punishment agreement; or |
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(3) waive the inmate's right to appeal. |
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(g) Until the court has granted the motion under this |
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article, the inmate may withdraw the motion or the attorney |
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representing the state may withdraw consent to the motion. If the |
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motion or consent is withdrawn, the court is prohibited from |
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granting a resentencing in the case based on that motion. |
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(h) In determining whether to grant the motion, the court |
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may consider: |
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(1) the inmate's disciplinary record and record of |
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rehabilitation while imprisoned; |
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(2) evidence that reflects whether the inmate's age, |
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time served, or diminished physical condition has reduced the |
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inmate's risk for committing an offense in the future; and |
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(3) evidence that reflects any change in the inmate's |
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circumstances since the original sentencing such that the inmate's |
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continued imprisonment is no longer in the interest of justice. |
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(i) If the court grants the motion, the court may reduce the |
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sentence, including by reducing the sentence to time served and |
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ordering the inmate's immediate release. |
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(j) Notwithstanding any other law, if at the time of |
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resentencing, the minimum punishment for the offense is less than |
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that in effect at the time of the offense, the court may reduce an |
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inmate's sentence to a term that is less than the statutory minimum |
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for the offense that existed at the time of the offense. |
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(k) The court may not increase a sentence under this |
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article. |
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(l) The Texas Rules of Appellate Procedure apply to all |
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hearings and orders under this article. |
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SECTION 2. This Act takes effect January 1, 2024, 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 grant a commutation of punishment to |
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certain individuals serving a term of imprisonment is approved by |
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the voters. If that amendment is not approved by the voters, this |
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Act has no effect. |