Bill Text: TX HB1988 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-05-09 - Referred to Criminal Justice [HB1988 Detail]
Download: Texas-2011-HB1988-Engrossed.html
| By: Gallego, Lucio III | H.B. No. 1988 | |
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| 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. 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. The court | ||
| shall consider the statement before sentencing the defendant. | ||
| (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 notify the immediate family members of | ||
| the deceased peace officer 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 defendant or the defendant's counsel: | ||
| (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) 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 2. 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 3. This Act takes effect September 1, 2011. | ||
