BILL ANALYSIS

S.B. 1268

By: Watson

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There have been reports that some Texas courts have interpreted state law as permitting only one victim impact statement from a victim, close relative of a deceased victim, or guardian of a victim, even in cases involving multiple parties who might otherwise be eligible to provide such a statement. S.B. 1268 seeks to prevent such an interpretation by prohibiting a court from limiting the number of victim impact statements that may be presented in a criminal case unless the court finds that additional statements would unreasonably delay the proceeding.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1268 amends the Code of Criminal Procedure to prohibit a court from imposing a limit on the number of victims, close relatives, or guardians who may appear and present to the court, after the sentence for the defendant is pronounced, statements about the offense, the defendant, and the effect of the offense on the victim, unless the court finds that additional statements would unreasonably delay the proceeding.

EFFECTIVE DATE

September 1, 2019.