81R4727 HLT-D
By: Hughes H.B. No. 597
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility in certain proceedings of certain
hearsay statements made by a young child or disabled individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.072, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.072. HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE
VICTIMS [VICTIM]
Sec. 1. This article applies to a proceeding in the
prosecution of an offense under any of the following provisions of
the Penal Code, if committed against a child or disabled individual
[12 years of age or younger]:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct); or
(3) Section 43.25 (Sexual Performance by a Child).
Sec. 2. (a) This article applies only to statements that
describe the alleged offense that:
(1) were made by the child or disabled individual
against whom the offense was allegedly committed; and
(2) were made to the first person, 18 years of age or
older, other than the defendant, to whom the child or disabled
individual made a statement about the offense.
(b) A statement that meets the requirements of Subsection
(a) of this article is not inadmissible because of the hearsay rule
if:
(1) on or before the 14th day before the date the
proceeding begins, the party intending to offer the statement:
(A) notifies the adverse party of its intention
to do so;
(B) provides the adverse party with the name of
the witness through whom it intends to offer the statement; and
(C) provides the adverse party with a written
summary of the statement;
(2) the trial court finds, in a hearing conducted
outside the presence of the jury, that the statement is reliable
based on the time, content, and circumstances of the statement; and
(3) the child or disabled individual testifies or is
available to testify at the proceeding in court or in any other
manner provided by law.
Sec. 3. In this article, "child" and "disabled individual"
have the meanings assigned by Section 22.04, Penal Code.
SECTION 2. Section 54.031, Family Code, is amended to read
as follows:
Sec. 54.031. HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE
VICTIMS [VICTIM]. (a) This section applies to a hearing under this
title in which a child is alleged to be a delinquent child on the
basis of a violation of any of the following provisions of the Penal
Code, if a child or disabled individual [12 years of age or younger]
is the alleged victim of the violation:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct); or
(3) Section 43.25 (Sexual Performance by a Child).
(b) This section applies only to statements that describe
the alleged violation that:
(1) were made by the child or disabled individual who
is the alleged victim of the violation; and
(2) were made to the first person, 18 years of age or
older, to whom the child or disabled individual made a statement
about the violation.
(c) A statement that meets the requirements of Subsection
(b) of this section is not inadmissible because of the hearsay rule
if:
(1) on or before the 14th day before the date the
hearing begins, the party intending to offer the statement:
(A) notifies each other party of its intention to
do so;
(B) provides each other party with the name of
the witness through whom it intends to offer the statement; and
(C) provides each other party with a written
summary of the statement;
(2) the juvenile court finds, in a hearing conducted
outside the presence of the jury, that the statement is reliable
based on the time, content, and circumstances of the statement; and
(3) the child or disabled individual who is the
alleged victim testifies or is available to testify at the hearing
in court or in any other manner provided by law.
(d) In this section, in the context of an alleged victim of a
violation of the Penal Code, "child" and "disabled individual" have
the meanings assigned by Section 22.04, Penal Code.
SECTION 3. The change in law made by this Act applies only
to a proceeding that commences on or after the effective date of
this Act. A proceeding that commences before the effective date of
this Act is governed 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.