Bill Text: TX HB990 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to the establishment of a sentencing policy, accountability, and review council to develop means to assess the effect of sentencing practices and policies on state correctional resources and improve the efficiency of the state criminal justice system, to develop a plan regarding the prosecution of certain child offenders, and to review certain penal laws.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-05-09 - Referred to Criminal Justice [HB990 Detail]

Download: Texas-2013-HB990-Engrossed.html

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By: Thompson of Harris H.B. No. 990

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a sentencing policy,
accountability, and review council to develop means to assess the
effect of sentencing practices and policies on state correctional
resources and improve the efficiency of the state criminal justice
system, to develop a plan regarding the prosecution of certain
child offenders, and to review certain penal laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 1A to read as follows:
CHAPTER 1A. TEXAS SENTENCING POLICY, ACCOUNTABILITY, AND REVIEW
COUNCIL
Art. 1A.01. DEFINITION. In this chapter, "council" means
the Texas Sentencing Policy, Accountability, and Review Council.
Art. 1A.02. CREATION. The Texas Sentencing Policy,
Accountability, and Review Council is created.
Art. 1A.03. APPOINTMENTS; COMPOSITION. (a) The council
consists of the following 20 members who, subject to available
state funding, shall be appointed not later than January 31 of each
10th anniversary of the date on which appointments were most
recently made under this article:
(1) four members of the senate appointed by the
lieutenant governor;
(2) four members of the house of representatives
appointed by the speaker; and
(3) 12 members appointed by the governor.
(b) Of the members appointed by the governor:
(1) one must be a member of the court of criminal
appeals;
(2) one must be a current or former trial judge hearing
criminal cases;
(3) one must be a prosecuting attorney;
(4) one must be a criminal defense lawyer;
(5) one must be a crime victims' rights advocate;
(6) one must be a defendants' rights advocate;
(7) one must be a statewide corrections system
administrator;
(8) one must be a county jail administrator;
(9) one must be a law professor or former law
professor; and
(10) one must be a law enforcement representative.
(c) Each member of the council serves a term that expires on
the date of adjournment sine die of the next regular legislative
session that initially convenes following the date the member was
appointed.
(d) The governor shall designate a member of the council to
serve as presiding officer.
Art. 1A.04. COMPENSATION AND REIMBURSEMENT. A member of
the council serves without compensation for service on the council
but is entitled to reimbursement for the member's travel expenses
as provided by Chapter 660, Government Code, and the General
Appropriations Act.
Art. 1A.05. PURPOSE. The purpose of the council is to
develop means to promote a more balanced and cost-effective state
criminal justice system.
Art. 1A.06. DUTIES. (a) To accomplish its purpose, the
council shall:
(1) conduct an in-depth analysis of sentencing
practices used throughout the state criminal justice system with
special emphasis on convictions pursuant to Section 481.121, Health
and Safety Code;
(2) identify disparities between the severity of
offenses and their prescribed penalties and determine appropriate
adjustments;
(3) ascertain other means by which to enhance
consistency and reduce disparity in sentencing;
(4) compare community supervision, parole, and
sentencing terms in this state to terms in other states;
(5) determine means by which to balance state and
county criminal justice responsibilities with resources;
(6) devise an approach that would allow the state to
balance sentencing policies with correctional resources;
(7) study and review all penal laws of this state other
than criminal offenses:
(A) under the Penal Code;
(B) under Chapter 481, Health and Safety Code; or
(C) related to the operation of a motor vehicle;
(8) evaluate all laws described by Subdivision (7);
and
(9) make recommendations to the legislature regarding
the repeal of laws that are identified under Subdivision (7) as
being unnecessary, unclear, duplicative, overly broad, or
otherwise insufficient to serve the intended purpose of the law.
(b) The Legislative Budget Board shall assist the council in
performing its duties.
Art. 1A.065. PROSECUTION OF 17-YEAR-OLD CHILDREN. (a) The
council shall:
(1) evaluate a proposal to define a person who is 17
years of age and commits an offense as a child under the Family Code
to include the person under the jurisdiction of a juvenile court;
(2) develop an implementation plan that includes
legislative, administrative, and funding changes necessary to
adopt the proposal; and
(3) determine whether the legislature should
implement the proposal described by Subdivision (1) by considering:
(A) the potential short-term and long-term
benefits to offenders, victims, and taxpayers;
(B) the requirements of federal law, including
the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et
seq.), for the confinement of persons 17 years of age;
(C) the implications of the decisions of the
United States Supreme Court in Miller v. Alabama, 567 U.S. ____
(2012), and similar cases involving the sentencing of persons
younger than 18 years of age;
(D) appropriate sanctions, services, and
treatment programs for persons 17 years of age who have committed
criminal offenses and the effectiveness of the sanctions, services,
and programs;
(E) best practices and national trends in the
prosecution and sentencing of persons younger than 18 years of age;
(F) data about the nature and frequency of
offenses committed by persons 17 years of age in this state;
(G) the projected costs and savings for the state
criminal court and juvenile court systems, state and local law
enforcement, local adult and juvenile probation departments, state
and local correctional facilities, and facilities operated by the
Texas Juvenile Justice Department;
(H) which criminal and juvenile justice laws to
amend, including laws relating to traffic offenses, offenses under
the Education Code or Alcoholic Beverage Code, and laws relating to
criminal records; and
(I) any other issues that the council considers
relevant to the proposal.
(b) The council shall:
(1) develop the implementation plan relating to the
proposal described by Subsection (a)(1);
(2) calculate the projected state and local adult and
juvenile correctional facility populations if the plan is
implemented;
(3) conduct a cost-benefit analysis for each part of
the juvenile and adult criminal justice systems and for offenders,
victims, and taxpayers if the plan is implemented; and
(4) make findings and recommendations and describe
policy considerations relating to whether the proposal should be
adopted.
(c) This article expires June 1, 2015.
Art. 1A.07. REPORT. (a) The council shall submit a
detailed report of its findings and recommendations, including any
proposed legislation, to the legislature not later than January 1
immediately preceding the next regular legislative session that
initially convenes following the appointment of members under
Article 1A.03.
(b) The council may contract with an appropriate
governmental or nongovernmental entity for the purpose of
completing the report.
SECTION 2. (a) Notwithstanding any provision to the
contrary under Article 1A.03, Code of Criminal Procedure, as added
by this Act:
(1) the initial appointments to the Texas Sentencing
Policy, Accountability, and Review Council shall be made not later
than the 30th day after the effective date of this Act;
(2) the terms of the initial council members expire on
adjournment sine die of the 84th Regular Legislative Session; and
(3) the next subsequent appointments shall be made not
later than January 31, 2023.
(b) The Texas Sentencing Policy, Accountability, and Review
Council shall submit the first report required under Article 1A.07,
Code of Criminal Procedure, as added by this Act, not later than
January 1, 2015.
SECTION 3. 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, 2013.