By: Huffman, et al. S.B. No. 152
(In the Senate - Filed November 8, 2010; January 31, 2011,
read first time and referred to Committee on Criminal Justice;
April 7, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; April 7, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of evidence of other similar offenses
in the prosecution of certain sexual offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1, 2, and 3, Article 38.37, Code of
Criminal Procedure, are amended to read as follows:
Sec. 1. (a) Subsection (b) [This article] applies to a
proceeding in the prosecution of a defendant for an offense under
the following provisions of the Penal Code, if committed against a
child under 17 years of age:
(1) Chapter 21 (Sexual Offenses);
(2) Chapter 22 (Assaultive Offenses);
(3) Section 25.02 (Prohibited Sexual Conduct);
(4) Section 43.25 (Sexual Performance by a Child); or
(5) an attempt or conspiracy to commit an offense
listed in this subsection [section].
(b) [Sec. 2.] Notwithstanding Rules 404 and 405, Texas
Rules of Evidence, evidence of other crimes, wrongs, or acts
committed by the defendant against the child who is the victim of
the alleged offense shall be admitted for its bearing on relevant
matters, including:
(1) the state of mind of the defendant and the child;
and
(2) the previous and subsequent relationship between
the defendant and the child.
Sec. 2. Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, evidence of other similar offenses committed by the
defendant shall be admitted in the trial of the alleged offense for
any bearing the evidence has on relevant matters, including the
character of the defendant and acts performed in conformity with
the character of the defendant, as follows:
(1) in the trial of an offense under Section 22.011
(Sexual Assault) or 22.021 (Aggravated Sexual Assault), Penal Code,
or an attempt or conspiracy to commit an offense under either of
those sections, evidence of:
(A) the commission of another offense under
either of those sections; or
(B) an attempt or conspiracy to commit an offense
under either of those sections; and
(2) in the trial of an offense under Section 21.02
(Continuous Sexual Abuse of Young Child or Children), 21.11
(Indecency With a Child), 22.011(a)(2) (Sexual Assault of a Child),
22.021(a)(1)(B) and (2) (Aggravated Sexual Assault of a Child),
33.021 (Online Solicitation of a Minor), 43.25 (Sexual Performance
by a Child), or 43.26 (Possession or Promotion of Child
Pornography), Penal Code, or an attempt or conspiracy to commit an
offense under any of those sections, evidence of:
(A) the commission of another offense under any
of those sections; or
(B) an attempt or conspiracy to commit an offense
under any of those sections.
Sec. 3. On timely request by the defendant, the state shall
give the defendant notice of the state's intent to introduce in the
case in chief evidence described by Section 1 or 2 in the same
manner as the state is required to give notice under Rule 404(b),
Texas Rules of Evidence.
SECTION 2. The change in law made by this Act applies to the
admissibility of evidence in a criminal proceeding that commences
on or after the effective date of this Act. The admissibility of
evidence in a criminal proceeding that commences before the
effective date of this Act is covered by the law in effect when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2011.
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