81R7541 SJM-D
By: Miklos H.B. No. 2145
A BILL TO BE ENTITLED
AN ACT
relating to the right of an immediate family member of certain
deceased peace officers to make an oral statement regarding the
terms of a plea bargain agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26, Code of Criminal Procedure, is
amended by adding Article 26.131 to read as follows:
Art. 26.131. PLEA BARGAIN SUPPORT STATEMENT. (a) An
immediate family member of a peace officer as defined by Section
1.07, Penal Code, who dies as the result of alleged criminal conduct
for which a defendant has been indicted or for which an information
is returned is entitled to make an oral statement to the court
regarding any plea bargain agreement in the case.
(b) In a case in which a peace officer as defined by Section
1.07, Penal Code, died as a result of the alleged criminal conduct
of the defendant, the attorney representing the state shall notify
the immediate family members of the deceased peace officer of the
existence and terms of any plea bargain agreement and of each
immediate family member's right to make an oral statement to the
court regarding whether the family member supports the terms of the
plea bargain agreement.
SECTION 2. The change in law made by this Act applies only
to a plea of guilty or nolo contendere entered on or after the
effective date of this Act, regardless of whether the offense with
reference to which the plea is entered is committed before, on, or
after that date.
SECTION 3. This Act takes effect September 1, 2009.