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79R1660 BDH-D

By:  Naishtat                                                     H.B. No. 338



A BILL TO BE ENTITLED

AN ACT

relating to authorizing certain persons to make an oral statement 
regarding the impact of an offense on the victim before sentencing 
in certain cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 56, Code of Criminal Procedure, is 
amended by adding Article 56.035 to read as follows:
	Art. 56.035.  ORAL STATEMENT.  (a)  After a finding of guilt 
or an order of deferred adjudication is entered and before the 
imposition of a sentence by the court in a criminal case in which 
punishment is assessed by the court, the court shall permit a 
victim, guardian of a victim, or close relative of a deceased victim 
to appear in person to present to the court an oral statement of the 
person's views about the offense and the effect of the offense on 
the victim.  The court shall consider the oral statement, in 
addition to any written victim impact statement, before sentencing 
the defendant.
	(b)  The court shall permit the defendant or the defendant's 
counsel an opportunity to cross-examine the victim and comment on 
the oral statement.  With the approval of the court, the defendant 
may introduce testimony or other information alleging a factual 
inaccuracy in the oral statement.
	(c)  The right to present an oral statement under this 
article does not affect a person's right to present a statement 
under Section 1(b), Article 42.03.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to a sentencing proceeding that commences on or after the 
effective date of this Act.
	(b)  A sentencing proceeding that commences before the 
effective date of this Act is covered by the law in effect when the 
proceeding commenced, and the former law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.