By: Naishtat H.B. No. 1489
Substitute the following for H.B. No. 1489:
By: Gallego C.S.H.B. No. 1489
A BILL TO BE ENTITLED
AN ACT
relating to an oral statement regarding the impact of an offense in
certain cases involving a violent crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 56, Code of Criminal
Procedure, is amended by adding Article 56.031 to read as follows:
Art. 56.031. ORAL STATEMENT RELATING TO VICTIM IMPACT. (a)
After a court enters a finding of guilt, but before the imposition
of a sentence by the court, the court shall permit a victim, close
relative of a deceased victim, or guardian of a victim to appear in
open court to present to the court an oral statement about the
offense and the effect of the offense on the victim.
(b) The court shall consider the oral statement before
sentencing the defendant.
(c) The defendant or the attorney representing the
defendant:
(1) may not cross-examine the person making the oral
statement; and
(2) may introduce testimony or other information
alleging a factual inaccuracy in the oral statement.
(d) 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.
(e) Except as provided by Subsection (f), this article
applies to an adjudication of guilt in a criminal case regardless of
whether the defendant previously received a deferral of that
adjudication under Section 5, Article 42.12.
(f) This article does not apply if punishment is to be
assessed by a jury.
SECTION 2. The change in law made by this Act applies only
to a sentencing proceeding that commences on or after the effective
date of this Act. A sentencing proceeding that commences before the
effective date of this Act is covered by the law in effect when the
sentencing proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.