concurring.
I concur in the result reached by the Court that appellant’s conviction be affirmed. For the reasons advanced in Ford v. State, 919 S.W.2d 107 (Tex.Cr.App.1996) and the following reasons, I write to distinguish my beliefs. In Ford, supra, 919 S.W.2d at 112-14, this Court for the first time approved the admissibility of so-called “victim impact” evidence at the punishment stage of a capital murder trial. We determined that what was critical in the determination of admissibility of such evidence was its relevance as to the special issues which the sentencing jury is required to answer per Articles 37.071 and 37.0711, V.A.C.C.P., and within the confines of our rules governing evidence admissibility, particularly Tex.R.Crim.Evid. 401, 402 and 403. Thus the principal concern regarding the admissibility of victim impact evidence at the punishment stage of a capital murder trial is its relevancy regarding the special issues which the sentencing jury is required to answer. If the trial court can conclude that evidence regarding the impact of the murder on the victim’s family is relevant to the jury’s decision in answering the statutory special issues, and that its probative value is not substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading of the jury, undue delay, or needless cumulation of evidence, then such evidence would be admissible under the núes of evidence. Tex.R.Crim.Evid. 401, 402 and 403. Thus any and all evidence of the impact upon a victim is not necessarily admissible; such must be relevant to the statutory special issues within the parameters of the our evi-dentiary rules.
I also observe that Chapter 56 of the Code of Criminal Procedure, which deals with crime victims’ rights, includes close relatives of deceased victims and guardians of victims *559within its treatment of victims’ rights. Obviously in a capital murder case the “victim” is deceased and the impact upon that “victim” is death. Since Chapter 56 includes close relatives of deceased victims and guardians of victims within its scope, and Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991) involved a surviving close relative of the decedent, i.e. specifically her young child, I believe that potentially admissible victim impact evidence should be limited to the impact upon close relatives and guardians of the deceased victim. Article 56.01, V.A.C.C.P., defines “[c]lose relative of a deceased victim” to be:
a person who was the spouse of a deceased victim at the time of the victim’s death or who is a parent or adult brother, sister, or child of the deceased victim.
Art. 56.01 defines “[gjuardian of a victim” to be:
a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim.
Though Chapter 56 does not specifically deal with the admissibility of evidence during the punishment stage of a capital murder trial, it does provide some guidance as to parameters in determining such admissibility. It does leave open some issues as to the impact upon people who were close to the decedent, but who do not fit the definition of close relative or guardian, such as a grandparent or grandchild, fiancee, unmarried live-in lover, or same-sex “companion.” Because of the potential open-endedness in determining who can provide such victim impact evidence, I believe that it is best limited to the persons described in Art. 56.01 and in the particular circumstance of Payne.
I also must state that I strongly believe that the character of the victim (victim character evidence), good or bad, is never admissible for the purpose of placing some sort of value (positive or negative) on the life of the victim. Payne v. Tennessee, supra, 501 U.S. at 823, 111 S.Ct. at 2607, 115 L.Ed.2d at 734 (1991) even addresses this concern about the prospect of the admission of victim impact evidence permitting a jury to find that defendants whose victims were assets to the community are more deserving of harsh punishment than those whose victims are perceived to be less worthy. It states:
As a general matter, however, victim impact evidence is not offered to encourage comparative judgments of this kind — for instance, that the killer of a hardworking, devoted parent deserves the death penalty, but that the murderer of a reprobate does not. It is designed to show instead each victim’s “uniqueness as an individual human being,” whatever the jury might think the loss to the community resulting from his death might be.
[Emphasis in original.] Thus, per Payne, “[a]s a general matter,” such comparative judgment is totally inappropriate; and no evidence, victim impact or otherwise, should be offered or admitted that would encourage such. Thus, in the instant cause, the trial court properly excluded appellant’s evidence proffered to show that the decedent’s homosexuality mitigated against a death sentence for appellant.
With these thoughts, I join only the judgment of the Court.