BILL ANALYSIS

 

 

H.B. 1988

By: Gallego

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Concern has been raised that some prosecutors, in an effort to secure a quick and guaranteed conviction, will offer a plea bargain in a case involving the death of a peace officer in the line of duty that is not supported by the surviving family members of the officer.  These family members don’t believe the punishment agreed to in the plea bargain fits the circumstances of the crime and would rather see a case move to trial than see the plea bargain accepted.

As proposed, H.B. 1988 would allow an immediate family member of a peace officer who dies as the result of alleged criminal conduct to make an oral statement to the court regarding any plea bargaining agreement in the case. The bill would also require the attorney representing the state to notify immediate family members of the peace officer of the terms of any proposed plea bargain and notify them of their right to make a statement to the court.

RULEMAKING AUTHORITY

 

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

 

ANALYSIS

 

SECTION 1. Amends Chapter 26, Code of Criminal Procedure, by adding Article 26.131. ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN AGREEMENT. Subsection (a) provides that one immediate family member of a peace officer who dies as the result of alleged criminal conduct for which a defendant  has been indicted or for which an information has been returned is entitled to make an oral statement to the court regarding the terms of any plea bargain agreement in the case and regarding whether the peace officer's family supports or opposes the terms of that agreement. The family member who makes the statement must be designated by the peace officer's immediate family. Subsection (b) provides that in a case in which a peace officer dies as a result of the alleged criminal conduct of the defendant, the attorney representing the state shall notify the immediate family members of the deceased peace officer of the existence and terms of any plea bargain agreement and the right of one immediate family member to make an oral statement to the court as described by Subsection (a). Subsection (c) provides that the court shall consider an oral statement under Subsection (a) before sentencing the defendant; and permit the defendant or the defendant's counsel an opportunity to cross-examine the person making the oral statement; 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. Subsection (d) provides that before the immediate family member makes an oral statement under Subsection (a), the court shall inform the family member of the defendant's rights under Subsection (c)(2). Subsection (e) provides that 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. Subsection (f) provides that "Immediate family member of a peace officer" means an individual who is related to a peace officer within the second degree by affinity or consanguinity and "Peace officer" has the meaning assigned by Section 1.07 Penal Code.

SECTION 2.  The change in law made by this Act applies only to a plea of guilty or nolo contendere entered on or after the effective date of this Act, regardless of whether the offense with reference to which the plea is entered is committed before, on, or after that date.

 

EFFECTIVE DATE

 

This Act takes effect September 1, 2011.