By:  Zaffirini                                                    S.B. No. 36 


A BILL TO BE ENTITLED

AN ACT

relating to the victim's 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.  Article 56.03, Code of Criminal Procedure, is 
amending by adding subsection (e-1) to read as follows:
	(e-1)(1)  After a finding of guilt or order of deferred 
adjudication is entered, but prior to 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 of the person's views about 
the offense and the effect of the offense on the victim, and the 
court shall consider the information before sentencing the 
defendant.  The court shall permit the defendant or his counsel an 
opportunity to cross-examine the victim and comment on the oral 
statement, and, with the approval of the court, introduce testimony 
or other information alleging a factual inaccuracy in the oral 
statement.
		(2)  The presentation and consideration of an oral 
statement pursuant to this section shall be permitted in addition 
to the consideration of a written victim impact statement, if any, 
and does not preclude the presentation of a statement after 
sentence is pronounced pursuant to Section 1(b), Article 42.03.
		(3)  This section does not apply if punishment is to be 
assessed by a jury.
	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 
sentencing proceeding commenced, and the former law is continued 
for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.