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Amend SB 409 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Article 56A.051, Code of Criminal Procedure, is amended by adding Subsections (d), (e), (f), and (g) to read as follows:
(d) A victim, guardian of a victim, or close relative of a deceased victim may assert and seek enforcement of any right granted by this subchapter, either orally or in writing.
(e) The attorney representing the state or an attorney representing a victim, guardian of a victim, or close relative of a deceased victim may assert a right granted by this subchapter to the victim, guardian, or relative, or request enforcement of the right, by filing a motion, petition for a writ of mandamus, or action for injunctive or declaratory relief in a trial or appellate court with jurisdiction over the case.
(f) If the court determines, after a hearing at which all parties have an opportunity to testify, that a right of a victim, guardian of a victim, or close relative of a deceased victim has been violated, the court shall order that the victim, guardian, or relative be provided the right to which the victim, guardian, or relative was entitled.
(g) A remedy ordered under Subsection (f) may not change the:
(1) verdict;
(2) sentence imposed;
(3) terms of an accepted plea bargain agreement; or
(4) outcome of a parole hearing.