Texas House Bill HB167

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of House Committee: 4/20/09
• Voted on by House: 5/1/09

Caption

Relating to an oral statement regarding the impact of an offense in certain cases involving a violent crime.

Impact

The implementation of HB 167 is expected to modify existing procedures in criminal courtrooms across Texas. By allowing for oral statements, the bill not only adds a layer of empathy to the legal process but also seeks to ensure that judges are adequately informed about the personal consequences of the crimes they are sentencing. This aspect may encourage a more holistic view of justice, taking victim impact into account alongside the statutory elements of the offense. The provision would complement existing written victim impact statements, enhancing the breadth of information judges rely on before handing down sentences.

Summary

House Bill 167 pertains to the requirement for courts to allow victims or their representatives to present oral statements regarding the impact of violent crimes during sentencing proceedings. Specifically, the bill mandates that after a court finds a defendant guilty or orders deferred adjudication, a victim or a close relative may appear in person to provide their perspective on how the crime has affected them. This provision aims to enhance the victim's role in the judicial process by ensuring their voices are heard at a critical juncture—the sentencing phase. The law emphasizes the importance of considering the emotional and psychological effects that a crime can have on victims and their families.

Contention

While HB 167 was introduced with the intention of empowering victims, there are potential points of contention that may arise during its application. Critics have raised concerns regarding the implications for defendants' rights. The bill allows for cross-examination of the oral statements made by victims or their representatives, which may lead to contentious moments during sentencing hearings. Opponents of the bill might argue that such a process could inadvertently retraumatize victims, as they may be subjected to scrutiny by the defendant during emotionally charged court proceedings. Thus, while aiming to elevate victims' voices, the law must strike a balance to ensure both support for victims and fairness for defendants.

Additional_note

The provisions under HB 167 specifically do not apply if the punishment is assessed by a jury, thus delineating the contexts in which oral statements can be utilized. The effective date of the law begins on September 1, 2009, indicating that cases or sentencing proceedings that commence prior to this date will not be subject to the new guidelines.