| 1 | 1 | | 87R7637 MAW-D |
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| 2 | 2 | | By: Lucio III H.B. No. 3014 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the right of one immediate family member of certain |
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| 8 | 8 | | deceased peace officers to make an oral statement regarding the |
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| 9 | 9 | | terms of a plea bargain agreement. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 26.13(e), Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (e) Before accepting a plea of guilty or a plea of nolo |
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| 14 | 14 | | contendere, the court shall, as applicable in the case: |
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| 15 | 15 | | (1) inquire as to whether a victim impact statement |
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| 16 | 16 | | has been returned to the attorney representing the state and ask for |
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| 17 | 17 | | a copy of the statement if one has been returned; and |
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| 18 | 18 | | (2) inquire as to whether the attorney representing |
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| 19 | 19 | | the state has given the notice required by Article 26.131(b) or |
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| 20 | 20 | | 56A.453 [of the existence and terms of any plea bargain agreement to |
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| 21 | 21 | | the victim, guardian of a victim, or close relative of a deceased |
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| 22 | 22 | | victim, as those terms are defined by Article 56A.001]. |
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| 23 | 23 | | SECTION 2. Chapter 26, Code of Criminal Procedure, is |
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| 24 | 24 | | amended by adding Article 26.131 to read as follows: |
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| 25 | 25 | | Art. 26.131. ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN |
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| 26 | 26 | | AGREEMENT. (a) One immediate family member of a peace officer who, |
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| 27 | 27 | | in the course of lawfully discharging an official duty, dies as the |
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| 28 | 28 | | result of alleged criminal conduct for which a defendant has been |
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| 29 | 29 | | indicted or for which an information has been returned for an |
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| 30 | 30 | | offense under Section 19.02, 19.03, 19.04, or 49.08, Penal Code, is |
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| 31 | 31 | | entitled to make an oral statement to the court regarding the terms |
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| 32 | 32 | | of any plea bargain agreement in the case and regarding whether the |
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| 33 | 33 | | peace officer's family supports or opposes the terms of that |
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| 34 | 34 | | agreement. The family member who makes the statement must be |
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| 35 | 35 | | designated by the peace officer's immediate family. |
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| 36 | 36 | | (b) In a case in which a peace officer dies in the course of |
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| 37 | 37 | | lawfully discharging an official duty as a result of the alleged |
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| 38 | 38 | | criminal conduct described by Subsection (a), the attorney |
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| 39 | 39 | | representing the state shall give to the immediate family members |
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| 40 | 40 | | of the deceased peace officer notice of the existence and terms of |
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| 41 | 41 | | any plea bargain agreement and the right of one immediate family |
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| 42 | 42 | | member to make an oral statement to the court as described by |
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| 43 | 43 | | Subsection (a). |
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| 44 | 44 | | (c) The court shall: |
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| 45 | 45 | | (1) consider an oral statement under Subsection (a) |
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| 46 | 46 | | before sentencing the defendant; and |
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| 47 | 47 | | (2) permit the defendant or the defendant's counsel an |
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| 48 | 48 | | opportunity to: |
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| 49 | 49 | | (A) cross-examine the person making the oral |
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| 50 | 50 | | statement; |
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| 51 | 51 | | (B) comment on the oral statement; and |
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| 52 | 52 | | (C) with the approval of the court, introduce |
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| 53 | 53 | | testimony or other information alleging a factual inaccuracy in the |
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| 54 | 54 | | oral statement. |
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| 55 | 55 | | (d) Before the immediate family member makes an oral |
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| 56 | 56 | | statement under Subsection (a), the court shall inform the family |
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| 57 | 57 | | member of the defendant's rights under Subsection (c)(2). |
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| 58 | 58 | | (e) The presentation and consideration of an oral statement |
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| 59 | 59 | | under this article is in addition to the consideration of a written |
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| 60 | 60 | | victim impact statement under Article 56A.157 and does not preclude |
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| 61 | 61 | | the presentation of a statement after sentence is pronounced under |
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| 62 | 62 | | Article 42.03. |
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| 63 | 63 | | (f) In this article: |
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| 64 | 64 | | (1) "Immediate family member of a peace officer" means |
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| 65 | 65 | | an individual who is related to a peace officer within the second |
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| 66 | 66 | | degree by affinity or consanguinity. |
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| 67 | 67 | | (2) "Peace officer" has the meaning assigned by |
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| 68 | 68 | | Section 1.07, Penal Code. |
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| 69 | 69 | | SECTION 3. The change in law made by this Act applies only |
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| 70 | 70 | | to a plea of guilty or nolo contendere entered on or after the |
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| 71 | 71 | | effective date of this Act, regardless of whether the offense with |
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| 72 | 72 | | reference to which the plea is entered is committed before, on, or |
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| 73 | 73 | | after that date. |
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| 74 | 74 | | SECTION 4. This Act takes effect September 1, 2021. |
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