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.