Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1852 authorizes courts to reduce or modify sentences for certain defendants who have served at least ten years of a sentence for offenses not specified in Article 42A.054(a) of the Code of Criminal Procedure. The reduction or modification can be granted if the defendant demonstrates they are not a danger to the community, present no risk of criminal conduct, and show readiness for reentry. Courts must consider factors such as the defendant’s age, rehabilitation, and role in the offense. A rebuttable presumption exists for defendants aged 50 or older meeting these criteria. The bill limits sentence reductions to shorter imprisonment terms or community supervision of up to five years and mandates hearings for such motions unless waived. It also restricts the frequency of motions to specific timeframes and precludes defendants from waiving their right to seek sentence modifications in plea agreements.
Author (1)