Texas House Bill HB1489

Texas 2011 - 82nd Regular

• Out of House Committee: 4/26/11
• Introduced: 2/17/11
• Refer: 3/2/11
• Report Pass: 4/12/11

Caption

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

Impact

The enacted law is set to alter criminal procedure by allowing the introduction of an oral victim impact statement during sentencing proceedings. This addition to Section 56 of the Code of Criminal Procedure aims to enhance the involvement of victims in the criminal justice system. Courts are required to consider these statements when determining sentences, ensuring that the personal experiences of victims are accounted for in judicial decisions. The bill is designed to foster a more victim-centered approach in cases involving violent crimes.

Summary

House Bill 1489, as proposed by Naishtat and substituted by Gallego, introduces provisions for oral statements related to victim impact in certain violent crime cases. The legislation mandates that after a court finds a defendant guilty but before sentencing, victims or their close relatives may present an oral statement in court. This statement addresses the effects of the crime on the victim, aiming to provide a voice for victims during the judicial process and emphasize the human impact of violent offenses.

Contention

While the bill seeks to strengthen the role of victims in the sentencing phase, it may lead to concerns regarding the potential emotional impact on the court process. Critics might argue that allowing oral statements could introduce subjectivity, affecting sentencing outcomes. Additionally, the provision that prevents defendants from cross-examining those who present oral statements could raise questions about fairness and the adversarial nature of criminal proceedings. Nonetheless, the bill is crafted to ensure that victims' voices are heard without compromising the rights of the accused.