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Bill > HB909


TX HB909

TX HB909
Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.


summary

Introduced
12/08/2022
In Committee
03/02/2023
Crossed Over
Passed
Dead
05/29/2023

Introduced Session

88th Legislature Regular Session

Bill Summary

Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.

AI Summary

This bill creates a new chapter in the Texas Code of Criminal Procedure that allows a court to grant a commutation of punishment to certain inmates serving a term of imprisonment. The key provisions are: 1. The bill applies to inmates who are 50 years of age or older and have served at least 15 years, or 35 to 50 years of age and have served at least 20 years, for a felony offense (with exceptions for capital felonies and certain sex offenses). 2. The attorney representing the state can file a motion for commutation, which the court must consider unless the inmate is ineligible or has less than 12 months remaining on their sentence. 3. The court must grant the motion unless it finds clear and convincing evidence that the inmate's release would pose an unreasonable risk to public safety, and must consider various factors in making this determination. 4. The court can reduce the inmate's sentence to time served or a shorter term to facilitate a transition and release plan. 5. The bill includes provisions for appeals, subsequent motions, and data collection requirements. The bill is contingent on the approval of a related constitutional amendment by voters.

Committee Categories

Justice

Sponsors (1)

Last Action

Left pending in committee (on 04/04/2023)

Taxonomy

Law, Crime, and Family Issues
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing
  • ‐ Prisons and Correctional Institutions

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