SRC-TAG S.B. 50 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 50
78R835 BDH-DBy: Zaffirini
Criminal Justice
4/7/2003
As Filed


DIGEST AND PURPOSE 

Currently, the victim impact statement in a case of sexual assault is not
taken into consideration during the negotiation and settlement of a plea
agreement.  As proposed, S.B. 50 requires the judge to allow a sexual
assault victim or the victim's designee to address the court regarding a
plea agreement when the prosecutor "pleads out" a sexual assault case.  

RULEMAKING AUTHORITY

This bill does not grant expressly grant rulemaking authority to a state
officer, institution or agency.  

SECTION BY SECTION ANALYSIS


SECTION 1.  Amends Article  26.13(e), Code of Criminal Procedure, to
authorize the victim of a sexual assault or the victim's designee to
address the court regarding the impact of the offense on the victim,
regardless of whether a victim impact statement has been returned under
this subsection. 

SECTION 2.  Amends Article 56.02(a), Code of Criminal Procedure, to
include among the rights granted to a victim, guardian of a victim, or
close relative of a deceased victim the right to address the court
regarding the impact of the offense on the victim, if permitted by Article
26.13(e).   Makes conforming and nonsubstantive changes.  

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 2003.