| TO: | Honorable David Dewhurst, Lieutenant Governor, Senate |
| FROM: | John S O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1010 by Huffman (Relating to providing a victim, guardian of a victim, or close relative of a deceased victim with notice of a plea bargain agreement in certain criminal cases. ), As Passed 2nd House |
The bill would amend the Code of Criminal Procedure to place a requirement that on the attorney for the state to both read a victim impact statement aloud and in the presence of the defendant on request of the victim, guardian of a victim, or close relative of a deceased victim and to such persons notice of the existence and terms of any plea bargain agreement to be presented to the court. The bill also would require the court, before accepting a plea bargain agreement to inquire whether the attorney representing the state has both received a request to read a victim impact statement and given the required notice.
The bill would also amend the Code of Criminal Procedure relating to the right of one immediate family member of certain deceased peace officers to make an oral statement regarding the terms of a plea bargain agreement. The bill would entitle one immediate family member designated by other immediate family members of a peace officer who died as the result of alleged criminal conduct for which a defendant has been indicted to make an oral statement to the court regarding any plea bargain agreement with the State.
The prosecuting attorney would be required to notify the immediate family members about any plea bargain.
To the extent the bill would amend court procedures, no significant impact on judicial workloads or fiscal implication to the state is anticipated. The bill would take effect September 1, 2011.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council
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| LBB Staff: | JOB, TB, ESi
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