Texas 2009 - 81st Regular

Texas House Bill HB4052 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11543 JRH-F
2	2	By: Castro H.B. No. 4052
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the admissibility of certain news media recordings in a
8	8	criminal proceeding.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 38, Code of Criminal Procedure, is
11	11	amended by adding Article 38.28 to read as follows:
12	12	Art. 38.28. NEWS MEDIA RECORDINGS. Extrinsic evidence of
13	13	the authenticity of evidence as a condition precedent to the
14	14	admissibility of the evidence in a criminal proceeding is not
15	15	required with respect to a recording that purports to be a news
16	16	media recording broadcast by a radio or television station that
17	17	held at the time of the recording a license issued by the Federal
18	18	Communications Commission.
19	19	SECTION 2. Rules 901 and 902, Texas Rules of Evidence, are
20	20	disapproved to the extent that those rules require extrinsic
21	21	evidence of the authenticity of evidence as a condition precedent
22	22	to the admissibility of the evidence in a criminal proceeding with
23	23	respect to a recording that purports to be a news media recording
24	24	broadcast by a radio or television station that held at the time of
25	25	the recording a license issued by the Federal Communications
26	26	Commission.
27	27	SECTION 3. The change in law made by this Act applies to the
28	28	admissibility of evidence in a criminal proceeding that commences
29	29	on or after the effective date of this Act. The admissibility of
30	30	evidence in a criminal proceeding that commenced before the
31	31	effective date of this Act is covered by the law in effect when the
32	32	proceeding commenced, and the former law is continued in effect for
33	33	that purpose.
34	34	SECTION 4. This Act takes effect September 1, 2009.