Bill Text: TX SB62 | 2011-2012 | 82nd Legislature | Introduced

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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) 2011-01-31 - Referred to Criminal Justice [SB62 Detail]

Download: Texas-2011-SB62-Introduced.html

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82R641 SJM-F
By: Zaffirini S.B. No. 62

A BILL TO BE ENTITLED
AN ACT
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 or order of deferred
adjudication, 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 person to present to
the court an oral statement about the offense and the effect of the
offense on the victim.
(b) The court shall:
(1) consider the information 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.
(c) 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.
(d) 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.