Texas House Bill HB2846

Texas 2009 - 81st Regular

• Out of House Committee: 4/27/09
• Voted on by House: 5/13/09
• Out of Senate Committee: 5/22/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the admissibility of certain hearsay statements made by a child abuse victim.

Impact

The bill signifies a legislative move to strengthen the protections available to young victims of abuse by ensuring that critical hearsay evidence can be considered in court. By specifying that statements made by a child to a qualified adult can be admissible under certain conditions, it allows for a more comprehensive presentation of the evidence, potentially leading to higher conviction rates in child abuse cases. The implications of this legislation focus on improving the judicial process in handling sensitive cases that involve vulnerable children.

Summary

House Bill 2846 proposes amendments to Article 38.072 of the Texas Code of Criminal Procedure, specifically addressing the admissibility of certain hearsay statements made by child abuse victims. This bill aims to provide clarity on the circumstances under which such statements can be admitted as evidence in criminal proceedings relating to offenses against children younger than 14 years old. The overarching intent is to enhance the prosecution's ability to successfully present cases involving child abuse by supporting the victim's testimony with additional, related statements made prior to the trial.

Contention

While HB 2846 has the potential to improve outcomes in child abuse prosecutions, it also raises questions surrounding the reliability and potential for misuse of hearsay evidence. Concerns may arise regarding how the statements are validated and what safeguards are in place to prevent wrongful convictions based on a child's statements. As with many changes in evidentiary laws, there is often debate regarding the balance between facilitating justice for victims and ensuring that defendants receive fair trials. Advocacy groups that support child protection might view this bill positively, while some legal experts could call for greater scrutiny on hearsay admissibility.