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A BILL TO BE ENTITLED
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AN ACT
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relating to an oral statement regarding the impact of an offense in |
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certain cases involving a violent crime. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 56, Code of Criminal |
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Procedure, is amended by adding Article 56.031 to read as follows: |
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Art. 56.031. ORAL STATEMENT RELATING TO VICTIM IMPACT. (a) |
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After a court enters a finding of guilt or order of deferred |
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adjudication, but before the imposition of a sentence by the court, |
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the court shall permit a victim, close relative of a deceased |
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victim, or guardian of a victim to appear in person to present to |
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the court an oral statement about the offense and the effect of the |
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offense on the victim. |
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(b) The court shall: |
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(1) consider the information before sentencing the |
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defendant; and |
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(2) permit the defendant or the defendant's counsel an |
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opportunity to: |
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(A) cross-examine the person making the oral |
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statement; |
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(B) comment on the oral statement; and |
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(C) with the approval of the court, introduce |
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testimony or other information alleging a factual inaccuracy in the |
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oral statement. |
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(c) The presentation and consideration of an oral statement |
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under this article is in addition to the consideration of a written |
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victim impact statement under Article 56.03 and does not preclude |
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the presentation of a statement after sentence is pronounced under |
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Article 42.03. |
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(d) This article does not apply if punishment is to be |
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assessed by a jury. |
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SECTION 2. The change in law made by this Act applies only |
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to a sentencing proceeding that commences on or after the effective |
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date of this Act. A sentencing proceeding that commences before the |
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effective date of this Act is covered by the law in effect when the |
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sentencing proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |