| 1 | 1 | | H.B. No. 2846 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the admissibility of certain hearsay statements made by |
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| 6 | 6 | | a child abuse victim. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 1, Article 38.072, Code of Criminal |
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| 9 | 9 | | Procedure, is amended to read as follows: |
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| 10 | 10 | | Sec. 1. This article applies to a proceeding in the |
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| 11 | 11 | | prosecution of an offense under any of the following provisions of |
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| 12 | 12 | | the Penal Code, if committed against a child [12 years of age or] |
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| 13 | 13 | | younger than 14 years of age: |
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| 14 | 14 | | (1) Chapter 21 (Sexual Offenses) or 22 (Assaultive |
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| 15 | 15 | | Offenses); |
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| 16 | 16 | | (2) Section 25.02 (Prohibited Sexual Conduct);[or] |
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| 17 | 17 | | (3) Section 43.25 (Sexual Performance by a Child); or |
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| 18 | 18 | | (4) Section 15.01 (Criminal Attempt), if the offense |
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| 19 | 19 | | attempted is described by Subdivision (1), (2), or (3) of this |
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| 20 | 20 | | section. |
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| 21 | 21 | | SECTION 2. Section 2(a), Article 38.072, Code of Criminal |
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| 22 | 22 | | Procedure, is amended to read as follows: |
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| 23 | 23 | | (a) This article applies only to statements that: |
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| 24 | 24 | | (1) describe: |
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| 25 | 25 | | (A) the alleged offense; or |
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| 26 | 26 | | (B) if the statement is offered during the |
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| 27 | 27 | | punishment phase of the proceeding, a crime, wrong, or act other |
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| 28 | 28 | | than the alleged offense that is: |
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| 29 | 29 | | (i) described by Section 1; |
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| 30 | 30 | | (ii) allegedly committed by the defendant |
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| 31 | 31 | | against the child who is the victim of the offense or another child |
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| 32 | 32 | | younger than 14 years of age; and |
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| 33 | 33 | | (iii) otherwise admissible as evidence |
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| 34 | 34 | | under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or |
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| 35 | 35 | | another law or rule of evidence of this state; |
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| 36 | 36 | | (2) [(1)] were made by the child against whom the |
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| 37 | 37 | | charged offense or extraneous crime, wrong, or act was allegedly |
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| 38 | 38 | | committed; and |
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| 39 | 39 | | (3) [(2)] were made to the first person, 18 years of |
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| 40 | 40 | | age or older, other than the defendant, to whom the child made a |
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| 41 | 41 | | statement about the offense or extraneous crime, wrong, or act. |
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| 42 | 42 | | SECTION 3. The change in law made by this Act applies only |
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| 43 | 43 | | to a criminal proceeding that commences on or after the effective |
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| 44 | 44 | | date of this Act. A criminal proceeding that commences before the |
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| 45 | 45 | | effective date of this Act is governed by the law in effect when the |
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| 46 | 46 | | proceeding commenced, and the former law is continued in effect for |
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| 47 | 47 | | that purpose. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2009. |
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| 49 | 49 | | ______________________________ ______________________________ |
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| 50 | 50 | | President of the Senate Speaker of the House |
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| 51 | 51 | | I certify that H.B. No. 2846 was passed by the House on May |
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| 52 | 52 | | 13, 2009, by the following vote: Yeas 140, Nays 1, 2 present, not |
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| 53 | 53 | | voting. |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Chief Clerk of the House |
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| 56 | 56 | | I certify that H.B. No. 2846 was passed by the Senate on May |
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| 57 | 57 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 58 | 58 | | ______________________________ |
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| 59 | 59 | | Secretary of the Senate |
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| 60 | 60 | | APPROVED: _____________________ |
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| 61 | 61 | | Date |
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| 62 | 62 | | _____________________ |
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| 63 | 63 | | Governor |
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