Texas 2009 - 81st Regular

Texas House Bill HB597 Compare Versions

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

Old	New	Differences
1	1	81R4727 HLT-D
2	2	By: Hughes H.B. No. 597
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the admissibility in certain proceedings of certain
8	8	hearsay statements made by a young child or disabled individual.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 38.072, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 38.072. HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE
13	13	VICTIMS [VICTIM]
14	14	Sec. 1. This article applies to a proceeding in the
15	15	prosecution of an offense under any of the following provisions of
16	16	the Penal Code, if committed against a child or disabled individual
17	17	[12 years of age or younger]:
18	18	(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
19	19	Offenses);
20	20	(2) Section 25.02 (Prohibited Sexual Conduct); or
21	21	(3) Section 43.25 (Sexual Performance by a Child).
22	22	Sec. 2. (a) This article applies only to statements that
23	23	describe the alleged offense that:
24	24	(1) were made by the child or disabled individual
25	25	against whom the offense was allegedly committed; and
26	26	(2) were made to the first person, 18 years of age or
27	27	older, other than the defendant, to whom the child or disabled
28	28	individual made a statement about the offense.
29	29	(b) A statement that meets the requirements of Subsection
30	30	(a) of this article is not inadmissible because of the hearsay rule
31	31	if:
32	32	(1) on or before the 14th day before the date the
33	33	proceeding begins, the party intending to offer the statement:
34	34	(A) notifies the adverse party of its intention
35	35	to do so;
36	36	(B) provides the adverse party with the name of
37	37	the witness through whom it intends to offer the statement; and
38	38	(C) provides the adverse party with a written
39	39	summary of the statement;
40	40	(2) the trial court finds, in a hearing conducted
41	41	outside the presence of the jury, that the statement is reliable
42	42	based on the time, content, and circumstances of the statement; and
43	43	(3) the child or disabled individual testifies or is
44	44	available to testify at the proceeding in court or in any other
45	45	manner provided by law.
46	46	Sec. 3. In this article, "child" and "disabled individual"
47	47	have the meanings assigned by Section 22.04, Penal Code.
48	48	SECTION 2. Section 54.031, Family Code, is amended to read
49	49	as follows:
50	50	Sec. 54.031. HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE
51	51	VICTIMS [VICTIM]. (a) This section applies to a hearing under this
52	52	title in which a child is alleged to be a delinquent child on the
53	53	basis of a violation of any of the following provisions of the Penal
54	54	Code, if a child or disabled individual [12 years of age or younger]
55	55	is the alleged victim of the violation:
56	56	(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
57	57	Offenses);
58	58	(2) Section 25.02 (Prohibited Sexual Conduct); or
59	59	(3) Section 43.25 (Sexual Performance by a Child).
60	60	(b) This section applies only to statements that describe
61	61	the alleged violation that:
62	62	(1) were made by the child or disabled individual who
63	63	is the alleged victim of the violation; and
64	64	(2) were made to the first person, 18 years of age or
65	65	older, to whom the child or disabled individual made a statement
66	66	about the violation.
67	67	(c) A statement that meets the requirements of Subsection
68	68	(b) of this section is not inadmissible because of the hearsay rule
69	69	if:
70	70	(1) on or before the 14th day before the date the
71	71	hearing begins, the party intending to offer the statement:
72	72	(A) notifies each other party of its intention to
73	73	do so;
74	74	(B) provides each other party with the name of
75	75	the witness through whom it intends to offer the statement; and
76	76	(C) provides each other party with a written
77	77	summary of the statement;
78	78	(2) the juvenile court finds, in a hearing conducted
79	79	outside the presence of the jury, that the statement is reliable
80	80	based on the time, content, and circumstances of the statement; and
81	81	(3) the child or disabled individual who is the
82	82	alleged victim testifies or is available to testify at the hearing
83	83	in court or in any other manner provided by law.
84	84	(d) In this section, in the context of an alleged victim of a
85	85	violation of the Penal Code, "child" and "disabled individual" have
86	86	the meanings assigned by Section 22.04, Penal Code.
87	87	SECTION 3. The change in law made by this Act applies only
88	88	to a proceeding that commences on or after the effective date of
89	89	this Act. A proceeding that commences before the effective date of
90	90	this Act is governed by the law in effect when the proceeding
91	91	commenced, and the former law is continued in effect for that
92	92	purpose.
93	93	SECTION 4. This Act takes effect September 1, 2009.