By Shapiro S.B. No. 162
74R1456 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the presentation of certain statements of victims at
1-3 the punishment phase of a criminal trial.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 37.07, Code of Criminal Procedure, is
1-6 amended by adding Section 3A to read as follows:
1-7 Sec. 3A. (a)(1) Regardless of the plea, if punishment is
1-8 assessed by the jury, the judge may allow a victim, close relative
1-9 of a deceased victim, or guardian of a victim to present to the
1-10 judge a written statement.
1-11 (2) Regardless of the plea, if punishment is assessed
1-12 by the judge, the judge may allow a victim, close relative of a
1-13 deceased victim, or guardian of a victim to make a personal
1-14 statement to the judge.
1-15 (b) A written or personal statement presented under this
1-16 section may contain only the victim's, close relative's, or
1-17 guardian's views about the offense, the defendant, and the effect
1-18 of the offense on the victim, relative, or guardian.
1-19 (c)(1) After receiving a written statement under Subsection
1-20 (a)(1), the judge shall permit the defendant reasonable time to
1-21 view the statement, comment on the statement, and with the approval
1-22 of the court introduce evidence disputing the factual accuracy of
1-23 the statement. If the judge determines that a written statement
1-24 presented under this section is relevant to the imposition of
2-1 sentence and does not substantially prejudice the rights of the
2-2 defendant, the judge may permit the victim, close relative of a
2-3 deceased victim, or guardian of a victim to read the written
2-4 statement to the jury.
2-5 (2) If the judge is assessing punishment, the judge
2-6 may consider a personal statement made under Subsection (a)(2).
2-7 (d) A judge who permits a jury to hear a statement read by a
2-8 victim, close relative of a deceased victim, or guardian of a
2-9 victim or who receives a personal statement under this section must
2-10 permit a defendant to present evidence disputing the factual
2-11 accuracy of the statement.
2-12 (e) The admission of a statement under this section does not
2-13 prohibit the introduction of a statement described by Section 1(b),
2-14 Article 42.03.
2-15 (f) In this section, "victim," "close relative of a deceased
2-16 victim," and "guardian of a victim" have the meanings assigned by
2-17 Article 56.01.
2-18 SECTION 2. This Act takes effect September 1, 1995, and
2-19 applies only to criminal cases in which the punishment phase of the
2-20 trial commences on or after that date. A criminal case in which
2-21 the punishment phase of the trial commences before September 1,
2-22 1995, is covered by the law in effect when the punishment phase
2-23 began, and the former law is continued in effect for this purpose.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.