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.