82R5980 SJM-D
By: Lucio III H.B. No. 1101
A BILL TO BE ENTITLED
AN ACT
relating to the right of one 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. ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN
AGREEMENT. (a) One immediate family member of a peace officer who
dies as the result of alleged criminal conduct for which a defendant
has been indicted or for which an information has been returned is
entitled to make an oral statement to the court regarding the terms
of any plea bargain agreement in the case and regarding whether the
peace officer's family supports or opposes the terms of that
agreement. The family member who makes the statement must be
designated by the peace officer's immediate family.
(b) In a case in which a peace officer dies 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 the right of one immediate family member to
make an oral statement to the court as described by Subsection (a).
(c) The court shall:
(1) consider an oral statement under Subsection (a)
before sentencing the defendant; and
(2) permit the defendant or the defendant's counsel an
opportunity to:
(A) cross-examine the person making the oral
statement;
(B) comment on the oral statement; and
(C) with the approval of the court, introduce
testimony or other information alleging a factual inaccuracy in the
oral statement.
(d) Before the immediate family member makes an oral
statement under Subsection (a), the court shall inform the family
member of the defendant's rights under Subsection (c)(2).
(e) The presentation and consideration of an oral statement
under this article is in addition to the consideration of a written
victim impact statement under Article 56.03 and does not preclude
the presentation of a statement after sentence is pronounced under
Article 42.03.
(f) In this article:
(1) "Immediate family member of a peace officer" means
an individual who is related to a peace officer within the second
degree by affinity or consanguinity.
(2) "Peace officer" has the meaning assigned by
Section 1.07, Penal Code.
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, 2011.