Texas Senate Bill SB57

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

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

Impact

The impact of this bill on state laws would be significant, as it mandates that courts actively consider oral statements from victims, thereby formalizing the role of victim impact in sentencing decisions. It allows for cross-examination of the person presenting the statement, which introduces a level of accountability and fairness to the process. By requiring courts to consider these oral statements alongside written victim impact statements, the bill seeks to create a more comprehensive understanding of the repercussions of the crime on victims and their families.

Summary

SB57 proposes an amendment to the Code of Criminal Procedure in Texas, particularly introducing Article 56.031, which outlines procedures for incorporating oral victim impact statements during the sentencing phase of criminal cases involving violent crimes. The bill aims to enhance the role of victims in the judicial process by allowing them, or their close relatives and guardians, to present personal oral statements regarding the impact of the offense before a sentence is imposed. This provision is intended to give a voice to victims, potentially influencing the court's decisions during sentencing.

Contention

Notable points of contention may arise around the implementation of oral statements, particularly concerning their potential emotional impact on defendants and the court process. Defendants may have concerns about the fairness of the proceedings, especially given that this provision does not apply if a jury is responsible for sentencing. Critics could argue that this might lead to bias or emotional influence in court decisions, potentially affecting the impartiality expected in the judicial system. Furthermore, practical concerns about the logistics and management of such oral presentations during court proceedings might also be debated among legal professionals and lawmakers.