88R324 MCF-D     By: Thompson of Harris H.B. No. 182       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a court to terminate the sentence of   certain persons released on parole.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 48, Code of Criminal Procedure, is   amended by adding Article 48.07 to read as follows:          Art. 48.07.  SENTENCE TERMINATION FOR CERTAIN PAROLEES. (a)   A person released on parole may file a motion with the court in   which the person was convicted requesting that the court terminate   the person's sentence if:                (1)  the person was released on parole not less than 10   years before the date the motion is filed;                (2)  the person's release on parole was not revoked at   any time during the period described by Subdivision (1); and                (3)  the person is not required to register as a sex   offender under Chapter 62.          (b)  The person must submit with the motion information   relevant to the person's rehabilitation, including:                (1)  the person's employment history while released on   parole;                (2)  information concerning any educational or   training programs completed by the person while confined or   released on parole;                (3)  information concerning any volunteer activities   of the person; and                (4)  any letters of support for the person's motion.          (c)  On receipt of a motion under this article, the court   shall:                (1)  notify the attorney representing the state in the   jurisdiction in which the person was convicted; and                (2)  request from the Texas Department of Criminal   Justice under Section 508.313, Government Code, information   related to the conduct of the person while on parole.          (d)  The attorney representing the state may submit to the   court any relevant information.          (e)  The court may hold a hearing to consider the motion and   may take testimony from the person who submitted the motion or from   any other person having relevant information. If the court holds a   hearing, the court shall provide notice of the hearing to the   attorney representing the state and allow the attorney to   participate in the hearing.          (f)  Not later than the 180th day after the date a motion is   filed under this article, the court shall review the motion, the   information obtained under Subsection (c)(2) or provided by the   attorney representing the state, and any testimony presented at the   hearing, if applicable, to determine whether the person who filed   the motion meets the eligibility requirements under Subsection (a).   If the person is eligible, the court shall issue an order   terminating the person's sentence only if the court determines that   it is in the best interest of justice, the public, and the person.          (g)  The authority of a court under this article is limited   to terminating the person's sentence as of the date the order is   issued. In terminating the sentence the court may not impose   conditions on the issuance of the order or otherwise related to the   person's release.          (h)  A person who receives an order of termination under this   article is considered to have fully discharged the person's   sentence.          SECTION 2.  Section 508.313(d), Government Code, is amended   to read as follows:          (d)  In this section, "eligible entity" means:                (1)  a government agency, including the office of a   prosecuting attorney;                (2)  an organization with which the department   contracts or an organization to which the department provides a   grant; [or]                (3)  an organization to which inmates are referred for   services by the department; or                (4)  a court considering a motion under Article 48.07,   Code of Criminal Procedure.          SECTION 3.  The change in law made by this Act applies to a   person on parole on or after the effective date of this Act,   regardless of whether the person was released on parole before, on,   or after that date.          SECTION 4.  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 court to terminate the sentence of a person who has   successfully served the required number of years on parole is   approved by the voters. If that amendment is not approved by the   voters, this Act has no effect.