86R8256 MAW-D
By: Lucio III H.B. No. 3097
A BILL TO BE ENTITLED
AN ACT
relating to the right of one immediate family member of certain
deceased peace officers to make an oral statement regarding the
terms of a plea bargain agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.13(e), Code of Criminal Procedure, is
amended to read as follows:
(e) Before accepting a plea of guilty or a plea of nolo
contendere, the court shall, as applicable in the case:
(1) inquire as to whether a victim impact statement
has been returned to the attorney representing the state and ask for
a copy of the statement if one has been returned; and
(2) inquire as to whether the attorney representing
the state has given the notice required by Article 26.131(b) or
56.08(b-1) [of the existence and terms of any plea bargain
agreement to the victim, guardian of a victim, or close relative of
a deceased victim, as those terms are defined by Article 56.01].
SECTION 2. Chapter 26, Code of Criminal Procedure, is
amended by adding Article 26.131 to read as follows:
Art. 26.131. ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN
AGREEMENT. (a) One immediate family member of a peace officer who,
in the course of lawfully discharging an official duty, dies as the
result of alleged criminal conduct for which a defendant has been
indicted or for which an information has been returned for an
offense under Section 19.02, 19.03, 19.04, or 49.08, Penal Code, is
entitled to make an oral statement to the court regarding the terms
of any plea bargain agreement in the case and regarding whether the
peace officer's family supports or opposes the terms of that
agreement. The family member who makes the statement must be
designated by the peace officer's immediate family.
(b) In a case in which a peace officer dies in the course of
lawfully discharging an official duty as a result of the alleged
criminal conduct described by Subsection (a), the attorney
representing the state shall give to the immediate family members
of the deceased peace officer notice of the existence and terms of
any plea bargain agreement and the right of one immediate family
member to make an oral statement to the court as described by
Subsection (a).
(c) The court shall:
(1) consider an oral statement under Subsection (a)
before sentencing the defendant; and
(2) permit the defendant or the defendant's counsel an
opportunity to:
(A) cross-examine the person making the oral
statement;
(B) comment on the oral statement; and
(C) with the approval of the court, introduce
testimony or other information alleging a factual inaccuracy in the
oral statement.
(d) Before the immediate family member makes an oral
statement under Subsection (a), the court shall inform the family
member of the defendant's rights under Subsection (c)(2).
(e) 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.
(f) In this article:
(1) "Immediate family member of a peace officer" means
an individual who is related to a peace officer within the second
degree by affinity or consanguinity.
(2) "Peace officer" has the meaning assigned by
Section 1.07, Penal Code.
SECTION 3. The change in law made by this Act applies only
to a plea of guilty or nolo contendere entered on or after the
effective date of this Act, regardless of whether the offense with
reference to which the plea is entered is committed before, on, or
after that date.
SECTION 4. This Act takes effect September 1, 2019.