BILL ANALYSIS



S.B. 39
By: Brown (Combs)
May 11, 1995
Committee Report (Unamended)



BACKGROUND

Current law permits victims, a close relative of a deceased victim,
or a guardian of a victim to appear before a court and give written
testimony regarding their views about the offense, the defendant,
and the effect of the offense on the victim. This procedure has
worked well in numerous cases; however, recent cases have indicated
a need for some additional authority for victims. Victims have been
frustrated by convicted defendants who have refused to turn and
face their victims while the victim is making an impact statement.

PURPOSE

As proposed, S.B. 39 permits a victim of a criminal offense or the
victim's relative or guardian to make a statement to a court and to
the defendant.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1(b), Article 42.03, Code of Criminal
Procedure, to permit a victim or a victim's relative or guardian to
present a statement to the defendant. Prohibits the person, while
making the statement, from directing questions to the defendant.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.
    

SUMMARY OF COMMITTEE ACTION

SB 39 was considered by the full committee in a formal meeting on
May 11, 1995.  SB 39 was reported favorably without amendment, with
the recommendation that it do pass and be printed by a record vote
of 6 ayes, 0 nays, 0 pnv, and 3 absent.