79R1101 UM-F

By:  McClendon                                                    H.B. No. 482



A BILL TO BE ENTITLED

AN ACT

relating to an oral statement regarding the impact of an offense in 
certain cases involving a violent crime.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 56, Code of Criminal 
Procedure, is amended by adding Article 56.031 to read as follows:
	Art. 56.031. ORAL STATEMENT RELATING TO VICTIM IMPACT.  (a)  
After a court enters a finding of guilt or order of deferred 
adjudication, but before the imposition of a sentence by the court, 
the court shall permit a victim, close relative of a deceased 
victim, or guardian of a victim to appear in person to present to 
the court an oral statement about the offense and the effect of the 
offense on the victim.
	(b)  The court shall:                                                   
		(1)  consider the information before sentencing the 
defendant; and   
		(2)  permit the defendant or the defendant's counsel an 
opportunity to:
			(A)  cross-examine the person making the oral 
statement;            
			(B)  comment on the oral statement; and                               
			(C)  with the approval of the court, introduce 
testimony or other information alleging a factual inaccuracy in the 
oral statement.
	(c)  The presentation and consideration of an oral statement 
under this article is in addition to the consideration of a written 
victim impact statement under Article 56.03 and does not preclude 
the presentation of a statement after sentence is pronounced under 
Article 42.03.
	(d)  This article does not apply if punishment is to be 
assessed by a jury.
	SECTION 2.  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.  A sentencing proceeding that commences before the 
effective date of this Act is covered by the law in effect when the 
sentencing proceeding commenced, and the former law is continued in 
effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.