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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of one immediate family member of certain |
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deceased peace officers to make an oral statement regarding the |
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terms of a plea bargain agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 26, Code of Criminal Procedure, is |
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amended by adding Article 26.131 to read as follows: |
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Art. 26.131. ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN |
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AGREEMENT. (a) One immediate family member of a peace officer who |
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dies as the result of alleged criminal conduct for which a defendant |
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has been indicted or for which an information has been returned is |
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entitled to make an oral statement to the court regarding the terms |
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of any plea bargain agreement in the case and regarding whether the |
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peace officer's family supports or opposes the terms of that |
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agreement. The family member who makes the statement must be |
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designated by the peace officer's immediate family. The court |
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shall consider the statement before sentencing the defendant. |
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(b) In a case in which a peace officer dies as a result of |
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the alleged criminal conduct of the defendant, the attorney |
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representing the state shall notify the immediate family members of |
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the deceased peace officer of the existence and terms of any plea |
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bargain agreement and the right of one immediate family member to |
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make an oral statement to the court as described by Subsection (a). |
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(c) The defendant or the defendant's counsel: |
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(1) may not cross-examine the person making the oral |
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statement; and |
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(2) may introduce testimony or other information |
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alleging a factual inaccuracy in the oral statement. |
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(d) Before the immediate family member makes an oral |
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statement under Subsection (a), the court shall inform the family |
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member of the defendant's rights under Subsection (c)(2). |
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(e) 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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(f) In this article: |
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(1) "Immediate family member of a peace officer" means |
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an individual who is related to a peace officer within the second |
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degree by affinity or consanguinity. |
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(2) "Peace officer" has the meaning assigned by |
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Section 1.07, Penal Code. |
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SECTION 2. The change in law made by this Act applies only |
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to a plea of guilty or nolo contendere entered on or after the |
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effective date of this Act, regardless of whether the offense with |
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reference to which the plea is entered is committed before, on, or |
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after that date. |
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SECTION 3. This Act takes effect September 1, 2011. |