Bill Text: TX HB1489 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to an oral statement regarding the impact of an offense in certain cases involving a violent crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-12 - Placed on General State Calendar [HB1489 Detail]
Download: Texas-2011-HB1489-Comm_Sub.html
By: Naishtat | H.B. No. 1489 | ||
Substitute the following for H.B. No. 1489: | |||
By: Gallego | C.S.H.B. No. 1489 |
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relating to an oral statement regarding the impact of an offense in | ||
certain cases involving a violent crime. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 56, Code of Criminal | ||
Procedure, is amended by adding Article 56.031 to read as follows: | ||
Art. 56.031. ORAL STATEMENT RELATING TO VICTIM IMPACT. (a) | ||
After a court enters a finding of guilt, but before the imposition | ||
of a sentence by the court, the court shall permit a victim, close | ||
relative of a deceased victim, or guardian of a victim to appear in | ||
open court to present to the court an oral statement about the | ||
offense and the effect of the offense on the victim. | ||
(b) The court shall consider the oral statement before | ||
sentencing the defendant. | ||
(c) The defendant or the attorney representing the | ||
defendant: | ||
(1) may not cross-examine the person making the oral | ||
statement; and | ||
(2) may introduce testimony or other information | ||
alleging a factual inaccuracy in the oral statement. | ||
(d) 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. | ||
(e) Except as provided by Subsection (f), this article | ||
applies to an adjudication of guilt in a criminal case regardless of | ||
whether the defendant previously received a deferral of that | ||
adjudication under Section 5, Article 42.12. | ||
(f) This article does not apply if punishment is to be | ||
assessed by a jury. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a sentencing proceeding that commences on or after the effective | ||
date of this Act. A sentencing proceeding that commences before the | ||
effective date of this Act is covered by the law in effect when the | ||
sentencing proceeding commenced, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |