82R10890 AJZ-F
By: Uresti S.B. No. 1749
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain statements made by a child
in a juvenile justice or criminal proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.095(b), Family Code, is amended to
read as follows:
(b) This section and Section 51.09 do not preclude the
admission of a statement made by the child if:
(1) the statement does not stem from interrogation of
the child under a circumstance described by Subsection (d); or
(2) without regard to whether the statement stems from
interrogation of the child under a circumstance described by
Subsection (d), the statement is:
(A) voluntary and has a bearing on the
credibility of the child as a witness;
(B) obtained in another state in compliance with
the laws of that state or this state; or
(C) obtained by a federal law enforcement officer
in this state or another state in compliance with the laws of the
United States.
SECTION 2. The change in law made by this Act applies only
to a statement relating to conduct violating a penal law that
occurred on or after the effective date of this Act. A statement
relating to conduct violating a penal law that occurred before the
effective date of this Act is governed by the law in effect at the
time the conduct occurred, and the former law is continued in effect
for that purpose. For purposes of this section, conduct violating a
penal law occurred before the effective date of this Act if any
element of the violation occurred before that date.
SECTION 3. This Act takes effect September 1, 2011.