TX HB1852

Allows courts to reduce or modify sentences for defendants who have served at least 10 years in prison, excluding those convicted of offenses listed in Article 42A.054(a) (typically serious violent and sexual offenses)

Requires written consent from the prosecuting attorney and court findings that the defendant poses no danger to the community, presents no credible risk of reoffending, demonstrates readiness for reentry, and that the interests of justice support the modification

Courts must consider factors including the defendant's age at offense and currently, rehabilitation progress, family circumstances, role in the offense, victim statements, and reports from the Board of Pardons and Paroles

Creates a rebuttable presumption that defendants 50 years or older satisfy the conditions for sentence reduction; limits community supervision under a modified sentence to a maximum of 5 years

Permits up to four motions for sentence modification (with waiting periods of 5 years after the first denial and 2 years after subsequent denials); takes effect December 1, 2025, contingent on voter approval of a related constitutional amendment