| 1 | 1 | | 82R5663 SJM-D |
|---|
| 2 | 2 | | By: Gallego H.B. No. 1988 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the right of one immediate family member of certain |
|---|
| 8 | 8 | | deceased peace officers to make an oral statement regarding the |
|---|
| 9 | 9 | | terms of a plea bargain agreement. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 26, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended by adding Article 26.131 to read as follows: |
|---|
| 13 | 13 | | Art. 26.131. ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN |
|---|
| 14 | 14 | | AGREEMENT. (a) One immediate family member of a peace officer who |
|---|
| 15 | 15 | | dies as the result of alleged criminal conduct for which a defendant |
|---|
| 16 | 16 | | has been indicted or for which an information has been returned is |
|---|
| 17 | 17 | | entitled to make an oral statement to the court regarding the terms |
|---|
| 18 | 18 | | of any plea bargain agreement in the case and regarding whether the |
|---|
| 19 | 19 | | peace officer's family supports or opposes the terms of that |
|---|
| 20 | 20 | | agreement. The family member who makes the statement must be |
|---|
| 21 | 21 | | designated by the peace officer's immediate family. |
|---|
| 22 | 22 | | (b) In a case in which a peace officer dies as a result of |
|---|
| 23 | 23 | | the alleged criminal conduct of the defendant, the attorney |
|---|
| 24 | 24 | | representing the state shall notify the immediate family members of |
|---|
| 25 | 25 | | the deceased peace officer of the existence and terms of any plea |
|---|
| 26 | 26 | | bargain agreement and the right of one immediate family member to |
|---|
| 27 | 27 | | make an oral statement to the court as described by Subsection (a). |
|---|
| 28 | 28 | | (c) The court shall: |
|---|
| 29 | 29 | | (1) consider an oral statement under Subsection (a) |
|---|
| 30 | 30 | | before sentencing the defendant; and |
|---|
| 31 | 31 | | (2) permit the defendant or the defendant's counsel an |
|---|
| 32 | 32 | | opportunity to: |
|---|
| 33 | 33 | | (A) comment on the oral statement; and |
|---|
| 34 | 34 | | (B) with the approval of the court, introduce |
|---|
| 35 | 35 | | testimony or other information alleging a factual inaccuracy in the |
|---|
| 36 | 36 | | oral statement. |
|---|
| 37 | 37 | | (d) Before the immediate family member makes an oral |
|---|
| 38 | 38 | | statement under Subsection (a), the court shall inform the family |
|---|
| 39 | 39 | | member of the defendant's rights under Subsection (c)(2). |
|---|
| 40 | 40 | | (e) The presentation and consideration of an oral statement |
|---|
| 41 | 41 | | under this article is in addition to the consideration of a written |
|---|
| 42 | 42 | | victim impact statement under Article 56.03 and does not preclude |
|---|
| 43 | 43 | | the presentation of a statement after sentence is pronounced under |
|---|
| 44 | 44 | | Article 42.03. |
|---|
| 45 | 45 | | (f) In this article: |
|---|
| 46 | 46 | | (1) "Immediate family member of a peace officer" means |
|---|
| 47 | 47 | | an individual who is related to a peace officer within the second |
|---|
| 48 | 48 | | degree by affinity or consanguinity. |
|---|
| 49 | 49 | | (2) "Peace officer" has the meaning assigned by |
|---|
| 50 | 50 | | Section 1.07, Penal Code. |
|---|
| 51 | 51 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 52 | 52 | | to a plea of guilty or nolo contendere entered on or after the |
|---|
| 53 | 53 | | effective date of this Act, regardless of whether the offense with |
|---|
| 54 | 54 | | reference to which the plea is entered is committed before, on, or |
|---|
| 55 | 55 | | after that date. |
|---|
| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2011. |
|---|