Texas 2011 - 82nd Regular

Texas Senate Bill SB152 Compare Versions

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1	1	By: Huffman, et al. S.B. No. 152
2	2	(In the Senate - Filed November 8, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	April 7, 2011, reported favorably by the following vote: Yeas 7,
5	5	Nays 0; April 7, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the admissibility of evidence of other similar offenses
11	11	in the prosecution of certain sexual offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 1, 2, and 3, Article 38.37, Code of
14	14	Criminal Procedure, are amended to read as follows:
15	15	Sec. 1. (a) Subsection (b) [This article] applies to a
16	16	proceeding in the prosecution of a defendant for an offense under
17	17	the following provisions of the Penal Code, if committed against a
18	18	child under 17 years of age:
19	19	(1) Chapter 21 (Sexual Offenses);
20	20	(2) Chapter 22 (Assaultive Offenses);
21	21	(3) Section 25.02 (Prohibited Sexual Conduct);
22	22	(4) Section 43.25 (Sexual Performance by a Child); or
23	23	(5) an attempt or conspiracy to commit an offense
24	24	listed in this subsection [section].
25	25	(b) [Sec. 2.] Notwithstanding Rules 404 and 405, Texas
26	26	Rules of Evidence, evidence of other crimes, wrongs, or acts
27	27	committed by the defendant against the child who is the victim of
28	28	the alleged offense shall be admitted for its bearing on relevant
29	29	matters, including:
30	30	(1) the state of mind of the defendant and the child;
31	31	and
32	32	(2) the previous and subsequent relationship between
33	33	the defendant and the child.
34	34	Sec. 2. Notwithstanding Rules 404 and 405, Texas Rules of
35	35	Evidence, evidence of other similar offenses committed by the
36	36	defendant shall be admitted in the trial of the alleged offense for
37	37	any bearing the evidence has on relevant matters, including the
38	38	character of the defendant and acts performed in conformity with
39	39	the character of the defendant, as follows:
40	40	(1) in the trial of an offense under Section 22.011
41	41	(Sexual Assault) or 22.021 (Aggravated Sexual Assault), Penal Code,
42	42	or an attempt or conspiracy to commit an offense under either of
43	43	those sections, evidence of:
44	44	(A) the commission of another offense under
45	45	either of those sections; or
46	46	(B) an attempt or conspiracy to commit an offense
47	47	under either of those sections; and
48	48	(2) in the trial of an offense under Section 21.02
49	49	(Continuous Sexual Abuse of Young Child or Children), 21.11
50	50	(Indecency With a Child), 22.011(a)(2) (Sexual Assault of a Child),
51	51	22.021(a)(1)(B) and (2) (Aggravated Sexual Assault of a Child),
52	52	33.021 (Online Solicitation of a Minor), 43.25 (Sexual Performance
53	53	by a Child), or 43.26 (Possession or Promotion of Child
54	54	Pornography), Penal Code, or an attempt or conspiracy to commit an
55	55	offense under any of those sections, evidence of:
56	56	(A) the commission of another offense under any
57	57	of those sections; or
58	58	(B) an attempt or conspiracy to commit an offense
59	59	under any of those sections.
60	60	Sec. 3. On timely request by the defendant, the state shall
61	61	give the defendant notice of the state's intent to introduce in the
62	62	case in chief evidence described by Section 1 or 2 in the same
63	63	manner as the state is required to give notice under Rule 404(b),
64	64	Texas Rules of Evidence.
65	65	SECTION 2. The change in law made by this Act applies to the
66	66	admissibility of evidence in a criminal proceeding that commences
67	67	on or after the effective date of this Act. The admissibility of
68	68	evidence in a criminal proceeding that commences before the
69	69	effective date of this Act is covered by the law in effect when the
70	70	proceeding commenced, and the former law is continued in effect for
71	71	that purpose.
72	72	SECTION 3. This Act takes effect September 1, 2011.
73	73	* * * * *