82R5467 NAJ-D
By: Lucio III H.B. No. 1973
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain statements in the
prosecution of murder or capital murder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.48 to read as follows:
Art. 38.48. HEARSAY STATEMENT; DECLARANT UNAVAILABLE IN
CERTAIN PROSECUTIONS BASED ON DEFENDANT'S INTENTIONAL WRONGDOING.
(a) Notwithstanding Rule 804(a), Texas Rules of Evidence, a
declarant who, because of death or then existing physical or mental
illness or infirmity, is unable to be present or to testify at a
hearing or proceeding in the prosecution of an offense under
Section 19.02 or 19.03, Penal Code, is considered to be unavailable
as a witness based on the defendant's intentional wrongdoing if the
circumstances causing the declarant's absence first occur or were
diagnosed after the date that an arrest warrant for the offense was
issued with respect to the defendant.
(b) A statement legally obtained from a declarant described
by Subsection (a) is not inadmissible because of the hearsay rule at
a hearing or proceeding described by that subsection if:
(1) on or before the 14th day before the date the
hearing or 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; and
(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.
SECTION 2. Under the terms of Section 22.109(b), Government
Code, Rule 804(a), Texas Rules of Evidence, is disapproved to the
extent that a declarant described by Article 38.48(a), Code of
Criminal Procedure, as added by this Act, is not considered to be
unavailable as a witness based on the defendant's intentional
wrongdoing.
SECTION 3. The change in law made by this Act applies only
to a criminal hearing or proceeding that commences on or after the
effective date of this Act. A criminal hearing or proceeding that
commences before the effective date of this Act is governed by the
law in effect on the date the hearing or proceeding commenced, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.