By Brady                                              H.B. No. 2799
       74R6636 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the right of a victim to comment on a plea bargain
    1-3  agreement in certain criminal prosecutions.
    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 amending Subsection (f) and by adding Subsection (g) to
    1-7  read as follows:
    1-8        (f)  The court must substantially comply with Subsections
    1-9  <Subsection> (e) and (g) of this article.  The failure of the court
   1-10  to comply with Subsection (e) or (g) of this article is not grounds
   1-11  for the defendant to set aside the conviction, sentence, or plea.
   1-12        (g)  A prosecuting attorney may not recommend punishment for
   1-13  a defendant unless the attorney first notifies the victim, as
   1-14  identified by the information or indictment, of the punishment to
   1-15  be recommended and asks for comments on the recommended punishment
   1-16  from the victim.  Before accepting a plea of guilty or a plea of
   1-17  nolo contendere from a defendant described by this subsection, the
   1-18  court shall inquire as to whether comments have been returned to
   1-19  the prosecuting attorney and ask for a copy of the comments if
   1-20  comments have been returned.
   1-21        SECTION 2.  This Act takes effect September 1, 1995.
   1-22        SECTION 3.  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.