S.B. No. 39
AN ACT
1-1 relating to the making of a statement to a court and to the
1-2 defendant by a victim of a criminal offense or the victim's
1-3 relative or guardian.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 1, Article 42.03, Code of
1-6 Criminal Procedure, is amended to read as follows:
1-7 (b) The court shall permit a victim, close relative of a
1-8 deceased victim, or guardian of a victim, as defined by Article
1-9 56.01 of this code, to appear in person to present to the court and
1-10 to the defendant a statement of the person's views about the
1-11 offense, the defendant, and the effect of the offense on the
1-12 victim. The victim, relative, or guardian may not direct questions
1-13 to the defendant while making the statement. The court reporter
1-14 may not transcribe the statement. The statement must be made:
1-15 (1) after punishment has been assessed and the court
1-16 has determined whether or not to grant community supervision in the
1-17 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.
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.