88R3144 EAS-F     By: Collier H.B. No. 782       A BILL TO BE ENTITLED   AN ACT   relating to authority of a court to reduce or modify a defendant's   sentence.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 44, Code of Criminal Procedure, is   amended by adding Article 44.26 to read as follows:          Art. 44.26.  SENTENCE REDUCTION OR MODIFICATION FOR CERTAIN   DEFENDANTS. (a) This article applies only to a defendant who has   served not less than 10 years of a term of imprisonment for an   offense other than an offense listed in Article 42A.054(a).          (b)  The court in which a defendant was convicted may, on   motion of the defendant and with the written consent of the attorney   representing the state, reduce or modify the defendant's sentence   in accordance with Subsection (d) if the court finds that:                (1)  the defendant:                      (A)  is not a danger to the community or any   person;                      (B)  presents no credible risk of criminal   conduct; or                      (C)  demonstrates a readiness for reentry; and                (2)  the interests of justice support the reduction or   modification.          (c)  In determining whether to grant a motion under this   article, the court shall consider the following:                (1)  the defendant's current age and age at the time of   the offense;                (2)  relevant data on increasing age as correlated with   declining criminality;                (3)  whether the defendant has demonstrated levels of   maturity, rehabilitation, and fitness to reenter society that are   sufficient to justify a sentence reduction or modification;                (4)  the family and community circumstances of the   defendant at the time of the offense, including any history of abuse   or involvement in the child protective services system, and the   potential benefits to the defendant's children and other family   members of a reunification with the defendant;                (5)  the extent of the defendant's role in the offense;                (6)  if the defendant was a juvenile at the time of the   offense:                      (A)  the diminished culpability of juveniles   compared to adults; and                      (B)  whether and to what extent an adult was   involved in the commission of the offense;                (7)  if available:                      (A)  any report and recommendation of the Board of   Pardons and Paroles, including information on the defendant's   completion of any educational, vocational, or other programs while   confined in the Texas Department of Criminal Justice;                      (B)  any report and recommendation of the attorney   representing the state in the county in which the defendant was   convicted;                      (C)  any statement from the victim of the offense   or a family member of the victim, if the victim is deceased; and                      (D)  any physical or mental examination of the   defendant; and                (8)  any other relevant information.          (d)  The authority of the court in granting a motion under   this article is limited to:                (1)  reducing the number of years of imprisonment   remaining on the defendant's sentence; or                (2)  modifying the defendant's sentence to require the   defendant to serve the remaining sentence or a reduced sentence   under any combination of imprisonment or community supervision   under Chapter 42A, except that any term of community supervision   required may not exceed five years.          (e)  There is a rebuttable presumption that a defendant who   is 50 years of age or older satisfies the conditions described by   Subsection (b) that are necessary for the court to grant the motion   filed by the defendant.          (f)  The court may hold a hearing to consider a motion filed   under this article. If the court holds a hearing, the court shall   provide notice of the hearing to the attorney representing the   state. The attorney representing the state shall provide notice of   the hearing to any victim of the defendant's offense who as a result   of the offense suffered bodily injury, as that term is defined by   Section 1.07, Penal Code.          (g)  The court is not required to hold a hearing before   granting a motion if the defendant has waived in writing the   defendant's right to be present when the motion is considered.          (h)  If the court grants the motion, the court shall issue a   written order stating the court's reasons for entering the findings   described by this article. The court may deny the motion without   holding a hearing or without specifying in writing the reasons for   the denial.          (i)  If the court denies the motion, the defendant may file   additional motions under this article only as follows:                (1)  subject to Subsection (j), a second motion may be   filed on or after the fifth anniversary of the court's order denying   the motion;                (2)  a third motion may be filed on or after the second   anniversary of, as applicable:                      (A)  the court's order denying the second motion;   or                      (B)  the disposition of the defendant's appeal of   the order denying the defendant's first motion; and                (3)  a defendant who is 50 years of age or older may   file a fourth and final motion at any time after the court has   denied the third motion.          (j)  The defendant or the attorney representing the state may   appeal an order of the court under this article only with respect to   a defendant's first motion or a final motion. For purposes of   Subsection (i), an appeal of a first motion by a defendant is   considered to be the defendant's second motion filed under this   article.          (k)  A defendant may not waive the right to file a motion   under this article as part of a plea agreement. A waiver in   violation of this subsection is unenforceable. This subsection   does not prohibit the court from denying a defendant's motion based   on other grounds, including the failure of the defendant to comply   with the requirements of this article.          SECTION 2.  The change in law made by this Act applies to a   defendant serving a sentence described by Article 44.26(a), Code of   Criminal Procedure, as added by this Act, regardless of whether the   offense for which the defendant is serving the sentence occurred   before, on, or after the effective date of this Act.          SECTION 3.  This Act takes effect December 1, 2023, but only   if the constitutional amendment proposed by the 88th Legislature,   Regular Session, 2023, authorizing the legislature to enact laws   providing for a district court to reduce or modify a sentence   imposing a term of imprisonment for a person who has served not less   than 10 years of the term is approved by the voters. If that   amendment is not approved by the voters, this Act has no effect.