| 1 | 1 | | By: Naishtat H.B. No. 1489 |
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| 2 | 2 | | Substitute the following for H.B. No. 1489: |
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| 3 | 3 | | By: Gallego C.S.H.B. No. 1489 |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to an oral statement regarding the impact of an offense in |
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| 9 | 9 | | certain cases involving a violent crime. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 56, Code of Criminal |
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| 12 | 12 | | Procedure, is amended by adding Article 56.031 to read as follows: |
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| 13 | 13 | | Art. 56.031. ORAL STATEMENT RELATING TO VICTIM IMPACT. (a) |
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| 14 | 14 | | After a court enters a finding of guilt, but before the imposition |
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| 15 | 15 | | of a sentence by the court, the court shall permit a victim, close |
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| 16 | 16 | | relative of a deceased victim, or guardian of a victim to appear in |
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| 17 | 17 | | open court to present to the court an oral statement about the |
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| 18 | 18 | | offense and the effect of the offense on the victim. |
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| 19 | 19 | | (b) The court shall consider the oral statement before |
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| 20 | 20 | | sentencing the defendant. |
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| 21 | 21 | | (c) The defendant or the attorney representing the |
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| 22 | 22 | | defendant: |
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| 23 | 23 | | (1) may not cross-examine the person making the oral |
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| 24 | 24 | | statement; and |
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| 25 | 25 | | (2) may introduce testimony or other information |
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| 26 | 26 | | alleging a factual inaccuracy in the oral statement. |
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| 27 | 27 | | (d) The presentation and consideration of an oral statement |
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| 28 | 28 | | under this article is in addition to the consideration of a written |
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| 29 | 29 | | victim impact statement under Article 56.03 and does not preclude |
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| 30 | 30 | | the presentation of a statement after sentence is pronounced under |
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| 31 | 31 | | Article 42.03. |
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| 32 | 32 | | (e) Except as provided by Subsection (f), this article |
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| 33 | 33 | | applies to an adjudication of guilt in a criminal case regardless of |
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| 34 | 34 | | whether the defendant previously received a deferral of that |
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| 35 | 35 | | adjudication under Section 5, Article 42.12. |
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| 36 | 36 | | (f) This article does not apply if punishment is to be |
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| 37 | 37 | | assessed by a jury. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to a sentencing proceeding that commences on or after the effective |
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| 40 | 40 | | date of this Act. A sentencing proceeding that commences before the |
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| 41 | 41 | | effective date of this Act is covered by the law in effect when the |
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| 42 | 42 | | sentencing proceeding commenced, and the former law is continued in |
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| 43 | 43 | | effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2011. |
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