82R4221 SJM-F
 
  By: Naishtat H.B. No. 1489
 
 
 
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 court may permit the defendant or the attorney
  representing the defendant an opportunity to 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.