Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment and to victims' rights regarding a motion to grant a commutation.

89(R) HB 3166 - House Committee Report version - Bill Text

89R25437 EAS-D

By: Cook, Jones of Harris

H.B. No. 3166

Substitute the following for H.B. No. 3166:

By: Cook

C.S.H.B. No. 3166

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a court to grant a commutation of

punishment to certain individuals serving a term of imprisonment

and to victims' rights regarding a motion to grant a commutation.

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

SECTION 1. Title 1, Code of Criminal Procedure, is amended

by adding Chapter 53 to read as follows:

CHAPTER 53. JUDICIAL COMMUTATION

Art.

53.001.

APPLICABILITY. This chapter does not apply to

an inmate who is serving a sentence for an offense listed in Article

42A.054(a) or for which the judgment contains an affirmative

finding under Article 42A.054(c) or (d).

Art.

53.002.

MOTION TO GRANT COMMUTATION. (a)

Notwithstanding any other law, on motion of the attorney

representing the state a court may grant a commutation of

punishment in accordance with this chapter for an inmate serving a

term of imprisonment.

(b)

A motion under this chapter must be filed by the

attorney representing the state for the jurisdiction in which the

inmate was convicted. The motion may be filed in any district court

in the county in which the inmate was convicted.

Immediately after

a motion is filed, the district clerk shall deliver a copy of the

petition to the presiding judge of the administrative judicial

region in which the court sits.

The presiding judge of the

administrative judicial region shall assign the motion to a

district court in the county in which the inmate was convicted.

(c)

Until the court has granted the motion, the attorney

representing the state may withdraw the motion. If the motion is

withdrawn, the court is prohibited from granting a commutation in

the case based on that motion.

Art.

53.003.

DECISION. (a) In determining whether to grant

the motion, the court may consider:

(1)

the inmate's disciplinary record and record of

rehabilitation while imprisoned;

(2)

evidence that reflects whether the inmate's age,

time served, or diminished physical condition has reduced the

inmate's risk for committing an offense in the future; and

(3)

evidence that reflects any change in the inmate's

circumstances since the original sentencing such that the inmate's

continued imprisonment is no longer in the interest of justice.

(b)

Notwithstanding any other law, the court may, in

granting relief under this chapter, reduce an inmate's sentence to

a term that is less than the statutory minimum for the offense that

existed at the time of the offense, including by reducing the

sentence to time served and ordering the inmate's immediate

release.

(c)

The court may not increase a sentence under this

chapter.

Art.

53.004.

APPEAL. (a) Except as provided by this

article, the Texas Rules of Appellate Procedure apply to all

hearings and orders under this chapter.

(b)

Neither the attorney representing the state nor the

inmate is entitled to appeal the court's decision to deny a motion

under this chapter.

SECTION 2. Article 56A.051, Code of Criminal Procedure, is

amended by amending Subsection (a) and adding Subsection (d) to

read as follows:

(a) A victim, guardian of a victim, or close relative of a

deceased victim is entitled to the following rights within the

criminal justice system:

(1) the right to receive from a law enforcement agency

adequate protection from harm and threats of harm arising from

cooperation with prosecution efforts;

(2) the right to have the magistrate consider the

safety of the victim or the victim's family in setting the amount of

bail for the defendant;

(3) if requested, the right to be informed in the

manner provided by Article 56A.0525:

(A) by the attorney representing the state of

relevant court proceedings, including appellate proceedings, and

to be informed if those proceedings have been canceled or

rescheduled before the event; and

(B) by an appellate court of the court's

decisions, after the decisions are entered but before the decisions

are made public;

(4) when requested, the right to be informed in the

manner provided by Article 56A.0525:

(A) by a peace officer concerning the defendant's

right to bail and the procedures in criminal investigations; and

(B) by the office of the attorney representing

the state concerning the general procedures in the criminal justice

system, including general procedures in guilty plea negotiations

and arrangements, restitution, and the appeals and parole process;

(5) the right to provide pertinent information to a

community supervision and corrections department conducting a

presentencing investigation concerning the impact of the offense on

the victim and the victim's family by testimony, written statement,

or any other manner before any sentencing of the defendant;

(6) the right to receive information, in the manner

provided by Article 56A.0525:

(A) regarding compensation to victims of crime as

provided by Chapter 56B, including information related to the costs

that may be compensated under that chapter and the amount of

compensation, eligibility for compensation, and procedures for

application for compensation under that chapter;

(B) for a victim of a sexual assault, regarding

the payment under Subchapter G for a forensic medical examination;

and

(C) when requested, providing a referral to

available social service agencies that may offer additional

assistance;

(7) the right to:

(A) be informed, on request, and in the manner

provided by Article 56A.0525, of parole procedures;

(B) participate in the parole process;

(C) provide to the board for inclusion in the

defendant's file information to be considered by the board before

the parole of any defendant convicted of any offense subject to this

chapter; and

(D) be notified in the manner provided by Article

56A.0525, if requested, of parole proceedings concerning a

defendant in the victim's case and of the defendant's release;

(8) the right to be provided with a waiting area,

separate or secure from other witnesses, including the defendant

and relatives of the defendant, before testifying in any proceeding

concerning the defendant; if a separate waiting area is not

available, other safeguards should be taken to minimize the

victim's contact with the defendant and the defendant's relatives

and witnesses, before and during court proceedings;

(9) the right to the prompt return of any of the

victim's property that is held by a law enforcement agency or the

attorney representing the state as evidence when the property is no

longer required for that purpose;

(10) the right to have the attorney representing the

state notify the victim's employer, if requested, that the victim's

cooperation and testimony is necessary in a proceeding that may

require the victim to be absent from work for good cause;

(11) the right to request victim-offender mediation

coordinated by the victim services division of the department;

(12) the right to be informed, in the manner provided

by Article 56A.0525, of the uses of a victim impact statement and

the statement's purpose in the criminal justice system as described

by Subchapter D, to complete the victim impact statement, and to

have the victim impact statement considered:

(A) by the attorney representing the state and

the judge before sentencing or before a plea bargain agreement is

accepted; and

(B) by the board before a defendant is released

on parole;

(13) for a victim of an assault or sexual assault who

is younger than 17 years of age or whose case involves family

violence, as defined by Section 71.004, Family Code, the right to

have the court consider the impact on the victim of a continuance

requested by the defendant; if requested by the attorney

representing the state or by the defendant's attorney, the court

shall state on the record the reason for granting or denying the

continuance; [
and
]

(14)
the right to be informed of any motion to grant a

commutation filed under Chapter 53 and to be informed of any

hearings or orders under that chapter; and

(15)
if the offense is a capital felony, the right to:

(A) receive by mail from the court a written

explanation of defense-initiated victim outreach if the court has

authorized expenditures for a defense-initiated victim outreach

specialist;

(B) not be contacted by the victim outreach

specialist unless the victim, guardian, or relative has consented

to the contact by providing a written notice to the court; and

(C) designate a victim service provider to

receive all communications from a victim outreach specialist acting

on behalf of any person.

(d)

If a victim notifies the attorney representing the state

that the victim opposes a motion to grant a commutation filed by

that attorney under Chapter 53, that attorney shall inform the

court of the victim's objections.

SECTION 3. This Act takes effect January 1, 2026, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, authorizing the legislature to enact laws

providing for a court to grant a commutation of punishment to

certain individuals serving a term of imprisonment is approved by

the voters. If that amendment is not approved by the voters, this

Act has no effect.