By:  Haggerty                                         H.B. No. 1437
       73R5534 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the making of a statement to a court and to the
    1-3  defendant  by a  victim of a criminal offense or the victim's
    1-4  relative or guardian.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 1(b), Article 42.03, Code of Criminal
    1-7  Procedure, is amended to read as follows:
    1-8        (b)  The court shall permit a victim, close relative of a
    1-9  deceased victim, or guardian of a victim, as defined by Article
   1-10  56.01 of this code, to appear in person to present to the court and
   1-11  to the defendant a statement of the person's views about the
   1-12  offense, the defendant, and the effect of the offense on the
   1-13  victim.  The victim, relative, or guardian may not direct questions
   1-14  to the defendant while making the statement.  The statement must be
   1-15  made:
   1-16              (1)  after punishment has been assessed and the court
   1-17  has determined whether or not to grant probation in the case;
   1-18              (2)  after the court has announced the terms and
   1-19  conditions of the sentence; and
   1-20              (3)  after sentence is pronounced and shall not be
   1-21  transcribed by the court reporter.
   1-22        SECTION 2.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.