Texas 2009 - 81st Regular

Texas House Bill HB2145 Compare Versions

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Old	New	Differences
1	1	81R23775 SJM-F
2	2	By: Miklos, et al. H.B. No. 2145
3	3	Substitute the following for H.B. No. 2145:
4	4	By: Gallego C.S.H.B. No. 2145
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the right of one immediate family member of certain
10	10	deceased peace officers to make an oral statement regarding the
11	11	terms of a plea bargain agreement.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 26, Code of Criminal Procedure, is
14	14	amended by adding Article 26.131 to read as follows:
15	15	Art. 26.131. ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN
16	16	AGREEMENT. (a) One immediate family member of a peace officer who
17	17	dies as the result of alleged criminal conduct for which a defendant
18	18	has been indicted or for which an information has been returned is
19	19	entitled to make an oral statement to the court regarding the terms
20	20	of any plea bargain agreement in the case and regarding whether the
21	21	peace officer's family supports or opposes the terms of that
22	22	agreement. The family member who makes the statement must be
23	23	designated by the peace officer's immediate family.
24	24	(b) In a case in which a peace officer dies as a result of
25	25	the alleged criminal conduct of the defendant, the attorney
26	26	representing the state shall notify the immediate family members of
27	27	the deceased peace officer of the existence and terms of any plea
28	28	bargain agreement and the right of one immediate family member to
29	29	make an oral statement to the court as described by Subsection (a).
30	30	(c) The court shall:
31	31	(1) consider an oral statement under Subsection (a)
32	32	before sentencing the defendant; and
33	33	(2) permit the defendant or the defendant's counsel an
34	34	opportunity to:
35	35	(A) cross-examine the person making the oral
36	36	statement;
37	37	(B) comment on the oral statement; and
38	38	(C) with the approval of the court, introduce
39	39	testimony or other information alleging a factual inaccuracy in the
40	40	oral statement.
41	41	(d) Before the immediate family member makes an oral
42	42	statement under Subsection (a), the court shall inform the family
43	43	member of the defendant's rights under Subsection (c)(2).
44	44	(e) The presentation and consideration of an oral statement
45	45	under this article is in addition to the consideration of a written
46	46	victim impact statement under Article 56.03 and does not preclude
47	47	the presentation of a statement after sentence is pronounced under
48	48	Article 42.03.
49	49	(f) In this article:
50	50	(1) "Immediate family member of a peace officer" means
51	51	an individual who is related to a peace officer within the second
52	52	degree by affinity or consanguinity.
53	53	(2) "Peace officer" has the meaning assigned by
54	54	Section 1.07, Penal Code.
55	55	SECTION 2. The change in law made by this Act applies only
56	56	to a plea of guilty or nolo contendere entered on or after the
57	57	effective date of this Act, regardless of whether the offense with
58	58	reference to which the plea is entered is committed before, on, or
59	59	after that date.
60	60	SECTION 3. This Act takes effect September 1, 2009.