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.