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.