1-1  By:  Brown                                              S.B. No. 39
    1-2        (In the Senate - Filed November 14, 1994; January 10, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  April 7, 1995, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; April 7, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the making of a statement to a court and to the
    1-9  defendant by a victim of a criminal offense or the victim's
   1-10  relative or guardian.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subsection (b), Section 1, Article 42.03, Code of
   1-13  Criminal Procedure, is amended to read as follows:
   1-14        (b)  The court shall permit a victim, close relative of a
   1-15  deceased victim, or guardian of a victim, as defined by Article
   1-16  56.01 of this code, to appear in person to present to the court and
   1-17  to the defendant a statement of the person's views about the
   1-18  offense, the defendant, and the effect of the offense on the
   1-19  victim.  The victim, relative, or guardian may not direct questions
   1-20  to the defendant while making the statement.  The court reporter
   1-21  may not transcribe the statement.  The statement must be made:
   1-22              (1)  after punishment has been assessed and the court
   1-23  has determined whether or not to grant community supervision in the
   1-24  case;
   1-25              (2)  after the court has announced the terms and
   1-26  conditions of the sentence; and
   1-27              (3)  after sentence is pronounced.
   1-28        SECTION 2.  This Act takes effect September 1, 1995.
   1-29        SECTION 3.  The importance of this legislation and the
   1-30  crowded condition of the calendars in both houses create an
   1-31  emergency and an imperative public necessity that the
   1-32  constitutional rule requiring bills to be read on three several
   1-33  days in each house be suspended, and this rule is hereby suspended.
   1-34                               * * * * *