Texas 2013 - 83rd Regular

Texas House Bill HB281 Compare Versions

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1	1	83R467 MAW-D
2	2	By: Lucio III H.B. No. 281
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. Article 26.13(e), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(e) Before accepting a plea of guilty or a plea of nolo
14	14	contendere, the court shall, as applicable in the case:
15	15	(1) inquire as to whether a victim impact statement
16	16	has been returned to the attorney representing the state and ask for
17	17	a copy of the statement if one has been returned; and
18	18	(2) inquire as to whether the attorney representing
19	19	the state has given the notice required by Article 26.131(b) or
20	20	56.08(b-1) [of the existence and terms of any plea bargain
21	21	agreement to the victim, guardian of a victim, or close relative of
22	22	a deceased victim, as those terms are defined by Article 56.01].
23	23	SECTION 2. Chapter 26, Code of Criminal Procedure, is
24	24	amended by adding Article 26.131 to read as follows:
25	25	Art. 26.131. ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN
26	26	AGREEMENT. (a) One immediate family member of a peace officer who
27	27	dies as the result of alleged criminal conduct for which a defendant
28	28	has been indicted or for which an information has been returned is
29	29	entitled to make an oral statement to the court regarding the terms
30	30	of any plea bargain agreement in the case and regarding whether the
31	31	peace officer's family supports or opposes the terms of that
32	32	agreement. The family member who makes the statement must be
33	33	designated by the peace officer's immediate family.
34	34	(b) In a case in which a peace officer dies as a result of
35	35	the alleged criminal conduct of the defendant, the attorney
36	36	representing the state shall give to the immediate family members
37	37	of the deceased peace officer notice of the existence and terms of
38	38	any plea bargain agreement and the right of one immediate family
39	39	member to make an oral statement to the court as described by
40	40	Subsection (a).
41	41	(c) The court shall:
42	42	(1) consider an oral statement under Subsection (a)
43	43	before sentencing the defendant; and
44	44	(2) permit the defendant or the defendant's counsel an
45	45	opportunity to:
46	46	(A) cross-examine the person making the oral
47	47	statement;
48	48	(B) comment on the oral statement; and
49	49	(C) with the approval of the court, introduce
50	50	testimony or other information alleging a factual inaccuracy in the
51	51	oral statement.
52	52	(d) Before the immediate family member makes an oral
53	53	statement under Subsection (a), the court shall inform the family
54	54	member of the defendant's rights under Subsection (c)(2).
55	55	(e) The presentation and consideration of an oral statement
56	56	under this article is in addition to the consideration of a written
57	57	victim impact statement under Article 56.03 and does not preclude
58	58	the presentation of a statement after sentence is pronounced under
59	59	Article 42.03.
60	60	(f) In this article:
61	61	(1) "Immediate family member of a peace officer" means
62	62	an individual who is related to a peace officer within the second
63	63	degree by affinity or consanguinity.
64	64	(2) "Peace officer" has the meaning assigned by
65	65	Section 1.07, Penal Code.
66	66	SECTION 3. The change in law made by this Act applies only
67	67	to a plea of guilty or nolo contendere entered on or after the
68	68	effective date of this Act, regardless of whether the offense with
69	69	reference to which the plea is entered is committed before, on, or
70	70	after that date.
71	71	SECTION 4. This Act takes effect September 1, 2013.