| |
| |
|
|
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, 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 |
|
|
open court to present to the court an oral statement about the |
|
|
offense and the effect of the offense on the victim. |
|
|
(b) The court shall consider the oral statement before |
|
|
sentencing the defendant. |
|
|
(c) The defendant or the attorney representing the |
|
|
defendant: |
|
|
(1) may not cross-examine the person making the oral |
|
|
statement; and |
|
|
(2) may introduce testimony or other information |
|
|
alleging a factual inaccuracy in the oral statement. |
|
|
(d) 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. |
|
|
(e) Except as provided by Subsection (f), this article |
|
|
applies to an adjudication of guilt in a criminal case regardless of |
|
|
whether the defendant previously received a deferral of that |
|
|
adjudication under Section 5, Article 42.12. |
|
|
(f) 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, 2011. |