By Hill                                                H.B. No. 314
       74R1557 PEP-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the right of a crime victim to be heard at various
    1-3  stages of a criminal prosecution.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 26.13, Code of Criminal Procedure, is
    1-6  amended by adding Subsections (g) and (h) to read as follows:
    1-7        (g)  A victim, close relative of a deceased victim, or a
    1-8  guardian of a victim, as defined by Article 56.01, has the right to
    1-9  be present at court proceedings under this article.  The court
   1-10  shall, at the request of the victim, close relative, or guardian,
   1-11  permit that person to be heard by the court before accepting a plea
   1-12  under this article.  The court may not accept a plea of guilty or a
   1-13  plea of nolo contendere unless the attorney representing the state
   1-14  informs the court that the attorney made a reasonable effort to
   1-15  inform the victim, close relative, or guardian of:
   1-16              (1)  the proposed plea; and
   1-17              (2)  the person's right to be present and to be heard
   1-18  at the plea proceeding.
   1-19        (h)  The failure of the court or the attorney representing
   1-20  the state to comply with Subsection (g) is not grounds for the
   1-21  defendant to set aside the conviction, sentence, or plea.
   1-22        SECTION 2.  Article 37.07, Code of Criminal Procedure, is
   1-23  amended by adding Section 5 to read as follows:
   1-24        Sec. 5.  In the penalty phase of a trial of an offense the
    2-1  court shall permit a victim, close relative of a deceased victim,
    2-2  or guardian of a victim, as defined by Article 56.01, to appear in
    2-3  person before the jury or court to present a statement of the
    2-4  person's views about the offense, the defendant, and the effect of
    2-5  the offense on the victim.
    2-6        SECTION 3.  Article 42.12, Code of Criminal Procedure, is
    2-7  amended by adding Section 25 to read as follows:
    2-8        Sec. 25.  VICTIM'S RIGHT TO BE HEARD AT COMMUNITY SUPERVISION
    2-9  PROCEEDINGS.  (a)  On the request of a victim, close relative of a
   2-10  deceased victim, or guardian of a victim, as defined by Article
   2-11  56.01, the attorney representing the state shall inform the victim,
   2-12  close relative, or guardian of a proceeding under Section 20 or 21.
   2-13        (b)  The court shall, at the request of the victim, close
   2-14  relative of a deceased victim, or guardian of a victim, as defined
   2-15  by Article 56.01, permit that person to be heard:
   2-16              (1)  before the court considers reducing or terminating
   2-17  community supervision under Section 20; and
   2-18              (2)  at a hearing under Section 21.
   2-19        SECTION 4.  (a)  The change in law made by this Act applies
   2-20  only to an offense committed on or after the effective date of this
   2-21  Act.  For purposes of this section, an offense is committed before
   2-22  the effective date of this Act if any element of the offense occurs
   2-23  before that date.
   2-24        (b)  An offense committed before the effective date of this
   2-25  Act is governed by the law in effect when the offense was
   2-26  committed, and the former law is continued in effect for that
   2-27  purpose.
    3-1        SECTION 5.  This Act takes effect September 1, 1995.
    3-2        SECTION 6.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency   and   an   imperative   public   necessity   that   the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended.