By:  Hill, Fred                                        H.B. No. 151
       73R1396 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the right of a crime victim to be heard before the
    1-3  court sentences a defendant, accepts a guilty plea, or modifies or
    1-4  terminates probation.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article 26.13, Code of Criminal Procedure, is
    1-7  amended by adding Subsections (g) and (h) to read as follows:
    1-8        (g)  A victim, close relative of a deceased victim, or a
    1-9  guardian of a victim, as defined by Article 56.01 of this code, has
   1-10  the right to be present at court proceedings under this article.
   1-11  The court shall, at the request of the victim, close relative, or
   1-12  guardian, permit that person to be heard by the court before
   1-13  accepting a plea under this article.  The court may not accept a
   1-14  plea of guilty or a plea of nolo contendere unless the attorney
   1-15  representing the state informs the court that the attorney made a
   1-16  reasonable effort to inform the victim, close relative, or guardian
   1-17  of:
   1-18              (1)  the proposed plea; and
   1-19              (2)  the person's right to be present and to be heard
   1-20  at the plea proceeding.
   1-21        (h)  The failure of the court or the attorney representing
   1-22  the state to comply with Subsection (g) of this article is not
   1-23  grounds for the defendant to set aside the conviction, sentence, or
   1-24  plea.
    2-1        SECTION 2.  Article 37.07, Code of Criminal Procedure, is
    2-2  amended by adding Section 5 to read as follows:
    2-3        Sec. 5.  In the penalty phase of a trial of an offense the
    2-4  court shall permit a victim, close relative of a deceased victim,
    2-5  or guardian of a victim, as defined by Article 56.01 of this code,
    2-6  to appear in person before the jury or court to present a statement
    2-7  of the person's views about the offense, the defendant, and the
    2-8  effect of the offense on the victim.
    2-9        SECTION 3.  Article 42.12, Code of Criminal Procedure, is
   2-10  amended by adding Section 26A to read as follows:
   2-11        Sec. 26A.  VICTIM'S RIGHT TO BE HEARD AT PROBATION
   2-12  PROCEEDINGS.  (a)  On the request of a victim, close relative of a
   2-13  deceased victim, or guardian of a victim, as defined by Article
   2-14  56.01 of this code, the attorney representing the state shall
   2-15  inform the victim, close relative, or guardian of a probation
   2-16  proceeding under Section 23 or 24 of this article.
   2-17        (b)  The court shall, at the request of the victim, close
   2-18  relative of a deceased victim, or guardian of a victim, as defined
   2-19  by Article 56.01 of this code, permit that person to be heard at a
   2-20  probation hearing under Section 23 or 24 of this article.
   2-21        SECTION 4.  (a)  The change in law made by this Act applies
   2-22  only to an offense committed on or after the effective date of this
   2-23  Act.  For purposes of this section, an offense is committed before
   2-24  the effective date of this Act if any element of the offense occurs
   2-25  before that date.
   2-26        (b)  An offense committed before the effective date of this
   2-27  Act is governed by the law in effect when the offense was
    3-1  committed, and the former law is continued in effect for this
    3-2  purpose.
    3-3        SECTION 5.  This Act takes effect September 1, 1993.
    3-4        SECTION 6.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency   and   an   imperative   public   necessity   that   the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.