Bill Text: TX HB3937 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to a criminal justice system sentencing database established by the Office of Court Administration of the Texas Judicial System.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2023-05-15 - Referred to Criminal Justice [HB3937 Detail]
Download: Texas-2023-HB3937-Engrossed.html
By: Johnson of Dallas, Vasut, et al. | H.B. No. 3937 |
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relating to a criminal justice system sentencing database | ||
established by the Office of Court Administration of the Texas | ||
Judicial System. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 72, Government Code, is amended by | ||
adding Subchapter H to read as follows: | ||
SUBCHAPTER H. CRIMINAL JUSTICE SYSTEM SENTENCING DATABASE | ||
Sec. 72.201. DEFINITION. In this subchapter, "database" | ||
means the criminal justice system sentencing database maintained | ||
under this subchapter. | ||
Sec. 72.202. DATABASE. (a) The office shall create and | ||
maintain a database to collect, compile, and analyze data regarding | ||
the sentencing of defendants. | ||
(b) The office shall compile data that includes, with | ||
respect to each defendant who has been convicted of a Class B | ||
misdemeanor or any higher category of offense: | ||
(1) the defendant's date of birth; | ||
(2) the zip code of the defendant's primary residence | ||
at the time of the defendant's arrest; | ||
(3) whether the defendant was determined to be | ||
indigent at any time during the defendant's criminal case; | ||
(4) the defendant's race, ethnicity, and gender; | ||
(5) the offenses, including the category of each | ||
offense, for which the defendant was sentenced; | ||
(6) the provision of law under which the defendant was | ||
sentenced; | ||
(7) the date on which the offense occurred and the date | ||
of the defendant's sentencing for that offense; | ||
(8) the length of any term of confinement or | ||
imprisonment to which the defendant was sentenced, including any | ||
period of probation or community supervision, and if multiple | ||
sentences were ordered, whether the sentences were ordered to be | ||
served consecutively or concurrently; | ||
(9) the amount of each court fee and fine assessed and | ||
the amount of any restitution ordered; | ||
(10) each charge brought against the defendant in a | ||
single criminal action, including any dismissed, amended, or | ||
reduced charges; | ||
(11) any penalty enhancements applied during | ||
sentencing; | ||
(12) the amount and type of any bail ordered by the | ||
court; | ||
(13) any credit for time served; | ||
(14) whether the defendant was required to attend a | ||
pretrial diversion or treatment program, and if so, which program; | ||
(15) whether the defendant pleaded guilty, not guilty, | ||
or nolo contendere; | ||
(16) any written plea bargain agreement approved or | ||
rejected by the court; | ||
(17) whether punishment was assessed by the jury, and | ||
if so, the jury's recommended sentence; | ||
(18) if the defendant was convicted following trial, | ||
whether the trial was a bench or jury trial; | ||
(19) whether the defendant was represented by a | ||
private attorney, a court-appointed private attorney, or a | ||
court-appointed public defender or waived the right to | ||
representation; | ||
(20) the category of facility at which the defendant | ||
will serve a term of confinement or imprisonment, if applicable; | ||
and | ||
(21) if the offense was a drug offense, the identity | ||
and amount of substance for which the defendant was convicted. | ||
(c) Information maintained in the database under this | ||
section is not required to be removed from the database following an | ||
order of expunction issued with respect to that information. | ||
Sec. 72.203. SUBMISSION OF INFORMATION BY COURTS. On final | ||
disposition of a defendant's case, the clerk of the sentencing | ||
court shall submit to the office, within the time period prescribed | ||
by the office, a written record of the data required under Section | ||
72.202, with respect to the defendant's case. | ||
Sec. 72.204. PUBLISHED INFORMATION. (a) The office shall | ||
publish deidentified sentencing data from the information in the | ||
database on the office's Internet website in a modern, open, | ||
electronic format that is machine-readable and readily accessible | ||
by the public, free of charge. The office shall update the | ||
information on the Internet website on a monthly basis. | ||
(b) The sentencing data must be searchable by: | ||
(1) each data element described by Section 72.202(b); | ||
and | ||
(2) the county and circuit in which a court is located. | ||
(c) The data published on the office's Internet website may | ||
not disclose the name or identifying information of a defendant or | ||
any other individual involved in the defendant's sentencing. | ||
Sec. 72.205. REPORT. Not later than September 1 of each | ||
even-numbered year, the office shall submit a report to the | ||
governor and the legislature regarding the data compiled in the | ||
database. | ||
Sec. 72.206. RULES. The office may adopt rules as necessary | ||
to implement this subchapter. | ||
SECTION 2. The Office of Court Administration of the Texas | ||
Judicial System shall create the database described by Subchapter | ||
H, Chapter 72, Government Code, as added by this Act, as soon as | ||
practicable after the effective date of this Act. | ||
SECTION 3. A court is not required to submit information to | ||
the Office of Court Administration of the Texas Judicial System | ||
under Section 72.203, Government Code, as added by this Act, | ||
regarding any sentencing that occurred before January 1, 2024. | ||
SECTION 4. The Office of Court Administration of the Texas | ||
Judicial System shall begin publishing sentencing data under | ||
Section 72.204, Government Code, as added by this Act, on the | ||
office's Internet website not later than April 1, 2024. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |