House Bill No. 1852 introduces a new provision in the Texas Code of Criminal Procedure, specifically Article 44.26, which allows courts to reduce or modify the sentences of certain defendants who have served at least 10 years of imprisonment for offenses not listed in Article 42A.054(a). The court may grant such a motion if it finds, by a preponderance of the evidence, that the defendant poses no danger to the community, presents no credible risk of criminal conduct, or demonstrates readiness for reentry, and that the interests of justice support the modification. The bill outlines specific factors the court must consider when determining whether to grant a motion, including the defendant's age, maturity, rehabilitation efforts, and family circumstances.

Additionally, the bill establishes a rebuttable presumption that defendants aged 50 or older meet the conditions for sentence reduction. It mandates that a hearing be held for motions filed under this article, with provisions for notifying the state attorney and victims. If a motion is denied, the court must provide written reasons, and the defendant may file subsequent motions under certain conditions. The bill is set to take effect on December 1, 2025, contingent upon the approval of a related constitutional amendment by voters.