88R21307 EAS-D
	By: Cook, Collier	H.B. No. 4518

	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.
	(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	withdrawn, the court is prohibited from granting a commutation in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:
	(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:
	(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 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, the payment for a forensic medical examination
	under Article 56A.252 for a victim of an alleged sexual assault, and
	when requested, to referral to available social service agencies
	that may offer additional assistance;
	(7)  the right to:
	(A)  be informed, on request, 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, 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 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, 2024, 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 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.