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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. Article 26.13(e), Code of Criminal Procedure, is |
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amended to read as follows: |
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(e) Before accepting a plea of guilty or a plea of nolo |
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contendere, the court shall, as applicable in the case: |
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(1) inquire as to whether a victim impact statement |
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has been returned to the attorney representing the state and ask for |
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a copy of the statement if one has been returned; and |
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(2) inquire as to whether the attorney representing |
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the state has given the notice required by Article 26.131(b) or |
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56.08(b-1) [of the existence and terms of any plea bargain
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agreement to the victim, guardian of a victim, or close relative of
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a deceased victim, as those terms are defined by Article 56.01]. |
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SECTION 2. 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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in the course of lawfully discharging an official duty, dies as the |
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result of alleged criminal conduct for which a defendant has been |
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indicted or for which an information has been returned for an |
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offense under Section 19.02, 19.03, 19.04, or 49.08, Penal Code, 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. |
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(b) In a case in which a peace officer dies in the course of |
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lawfully discharging an official duty as a result of the alleged |
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criminal conduct described by Subsection (a), the attorney |
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representing the state shall give to the immediate family members |
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of the deceased peace officer notice of the existence and terms of |
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any plea bargain agreement and the right of one immediate family |
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member to make an oral statement to the court as described by |
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Subsection (a). |
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(c) The court shall: |
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(1) consider an oral statement under Subsection (a) |
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before sentencing the defendant; and |
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(2) permit the defendant or the defendant's counsel an |
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opportunity to: |
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(A) cross-examine the person making the oral |
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statement; |
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(B) comment on the oral statement; and |
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(C) with the approval of the court, introduce |
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testimony or other information alleging a factual inaccuracy in the |
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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 3. 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 4. This Act takes effect September 1, 2013. |