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 * * * * *