| 1 | 1 | | 81R2092 SJM-D |
|---|
| 2 | 2 | | By: Naishtat, Moody, et al. H.B. No. 167 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to an oral statement regarding the impact of an offense in |
|---|
| 8 | 8 | | certain cases involving a violent crime. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 56, Code of Criminal |
|---|
| 11 | 11 | | Procedure, is amended by adding Article 56.031 to read as follows: |
|---|
| 12 | 12 | | Art. 56.031. ORAL STATEMENT RELATING TO VICTIM IMPACT. (a) |
|---|
| 13 | 13 | | After a court enters a finding of guilt or order of deferred |
|---|
| 14 | 14 | | adjudication, but before the imposition of a sentence by the court, |
|---|
| 15 | 15 | | the court shall permit a victim, close relative of a deceased |
|---|
| 16 | 16 | | victim, or guardian of a victim to appear in person to present to |
|---|
| 17 | 17 | | the court an oral statement about the offense and the effect of the |
|---|
| 18 | 18 | | offense on the victim. |
|---|
| 19 | 19 | | (b) The court shall: |
|---|
| 20 | 20 | | (1) consider the information before sentencing the |
|---|
| 21 | 21 | | defendant; and |
|---|
| 22 | 22 | | (2) permit the defendant or the defendant's counsel an |
|---|
| 23 | 23 | | opportunity to: |
|---|
| 24 | 24 | | (A) cross-examine the person making the oral |
|---|
| 25 | 25 | | statement; |
|---|
| 26 | 26 | | (B) comment on the oral statement; and |
|---|
| 27 | 27 | | (C) with the approval of the court, introduce |
|---|
| 28 | 28 | | testimony or other information alleging a factual inaccuracy in the |
|---|
| 29 | 29 | | oral statement. |
|---|
| 30 | 30 | | (c) The presentation and consideration of an oral statement |
|---|
| 31 | 31 | | under this article is in addition to the consideration of a written |
|---|
| 32 | 32 | | victim impact statement under Article 56.03 and does not preclude |
|---|
| 33 | 33 | | the presentation of a statement after sentence is pronounced under |
|---|
| 34 | 34 | | Article 42.03. |
|---|
| 35 | 35 | | (d) This article does not apply if punishment is to be |
|---|
| 36 | 36 | | assessed by a jury. |
|---|
| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 38 | 38 | | to a sentencing proceeding that commences on or after the effective |
|---|
| 39 | 39 | | date of this Act. A sentencing proceeding that commences before the |
|---|
| 40 | 40 | | effective date of this Act is covered by the law in effect when the |
|---|
| 41 | 41 | | sentencing proceeding commenced, and the former law is continued in |
|---|
| 42 | 42 | | effect for that purpose. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|