83R467 MAW-D
 
  By: Lucio III H.B. No. 281
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 26.13(e), Code of Criminal Procedure, is
  amended to read as follows:
         (e)  Before accepting a plea of guilty or a plea of nolo
  contendere, the court shall, as applicable in the case:
               (1)  inquire as to whether a victim impact statement
  has been returned to the attorney representing the state and ask for
  a copy of the statement if one has been returned; and
               (2)  inquire as to whether the attorney representing
  the state has given the notice required by Article 26.131(b) or
  56.08(b-1) [of the existence and terms of any plea bargain
  agreement to the victim, guardian of a victim, or close relative of
  a deceased victim, as those terms are defined by Article 56.01].
         SECTION 2.  Chapter 26, Code of Criminal Procedure, is
  amended by adding Article 26.131 to read as follows:
         Art. 26.131.  ORAL STATEMENT REGARDING TERMS OF PLEA BARGAIN
  AGREEMENT. (a) One immediate family member of a peace officer who
  dies as the result of alleged criminal conduct for which a defendant
  has been indicted or for which an information has been returned is
  entitled to make an oral statement to the court regarding the terms
  of any plea bargain agreement in the case and regarding whether the
  peace officer's family supports or opposes the terms of that
  agreement.  The family member who makes the statement must be
  designated by the peace officer's immediate family.
         (b)  In a case in which a peace officer dies as a result of
  the alleged criminal conduct of the defendant, the attorney
  representing the state shall give to the immediate family members
  of the deceased peace officer notice of the existence and terms of
  any plea bargain agreement and the right of one immediate family
  member to make an oral statement to the court as described by
  Subsection (a).
         (c)  The court shall:
               (1)  consider an oral statement under Subsection (a)
  before sentencing the defendant; and
               (2)  permit the defendant or the defendant's counsel an
  opportunity to:
                     (A)  cross-examine the person making the oral
  statement;
                     (B)  comment on the oral statement; and
                     (C)  with the approval of the court, introduce
  testimony or other information alleging a factual inaccuracy in the
  oral statement.
         (d)  Before the immediate family member makes an oral
  statement under Subsection (a), the court shall inform the family
  member of the defendant's rights under Subsection (c)(2).
         (e)  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.
         (f)  In this article:
               (1)  "Immediate family member of a peace officer" means
  an individual who is related to a peace officer within the second
  degree by affinity or consanguinity.
               (2)  "Peace officer" has the meaning assigned by
  Section 1.07, Penal Code.
         SECTION 3.  The change in law made by this Act applies only
  to a plea of guilty or nolo contendere entered on or after the
  effective date of this Act, regardless of whether the offense with
  reference to which the plea is entered is committed before, on, or
  after that date.
         SECTION 4.  This Act takes effect September 1, 2013.