81R11543 JRH-F
By: Castro H.B. No. 4052
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain news media recordings in a
criminal proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.28 to read as follows:
Art. 38.28. NEWS MEDIA RECORDINGS. Extrinsic evidence of
the authenticity of evidence as a condition precedent to the
admissibility of the evidence in a criminal proceeding is not
required with respect to a recording that purports to be a news
media recording broadcast by a radio or television station that
held at the time of the recording a license issued by the Federal
Communications Commission.
SECTION 2. Rules 901 and 902, Texas Rules of Evidence, are
disapproved to the extent that those rules require extrinsic
evidence of the authenticity of evidence as a condition precedent
to the admissibility of the evidence in a criminal proceeding with
respect to a recording that purports to be a news media recording
broadcast by a radio or television station that held at the time of
the recording a license issued by the Federal Communications
Commission.
SECTION 3. The change in law made by this Act applies to the
admissibility of evidence in a criminal proceeding that commences
on or after the effective date of this Act. The admissibility of
evidence in a criminal proceeding that commenced before the
effective date of this Act is covered by the law in effect when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2009.