82R7620 MAW-F
By: Fraser S.B. No. 578
A BILL TO BE ENTITLED
AN ACT
relating to the testimony of children in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.074 to read as follows:
Art. 38.074. TESTIMONY OF CHILD IN PROSECUTION OF OFFENSE
Sec. 1. In this article:
(1) "Child" has the meaning assigned by Section
22.011(c), Penal Code.
(2) "Support person" means any person whose presence
would contribute to the welfare and well-being of a child.
Sec. 2. This article applies to the testimony of a child in
any hearing or proceeding in the prosecution of any offense.
Sec. 3. (a) A court shall:
(1) administer an oath to a child in a manner that
allows the child to fully understand the child's duty to tell the
truth;
(2) ensure that questions asked of the child are
stated in language appropriate to the child's age;
(3) explain to the child that the child has the right
to have the court notified if the child is unable to understand any
question and to have a question restated in a form that the child
does understand;
(4) ensure that a child testifies only at a time of day
when the child is best able to understand the questions and to
undergo the proceedings without being traumatized, including:
(A) limiting the duration of the child's
testimony;
(B) limiting the timing of the child's testimony
to the child's normal school hours; or
(C) ordering a recess during the child's
testimony when necessary for the energy, comfort, or attention span
of the child; and
(5) prevent intimidation or harassment of the child by
any party and, for that purpose, rephrase as appropriate any
question asked of the child.
(b) On the motion of any party, or a parent, managing
conservator, guardian, or guardian ad litem of a child or special
advocate for a child, the court shall allow the child to have a toy,
blanket, or similar comforting item in the child's possession while
testifying or allow a support person to be present in close
proximity to the child during the child's testimony if the court
finds by a preponderance of the evidence that:
(1) the child cannot reliably testify without the
possession of the item or presence of the support person, as
applicable; and
(2) granting the motion is not likely to prejudice the
trier of fact in evaluating the child's testimony.
(c) A support person who is present during a child's
testimony may not:
(1) obscure the child from the view of the defendant or
the trier of fact;
(2) provide the child with an answer to any question
asked of the child; or
(3) assist or influence the testimony of the child.
(d) The court may set any other conditions and limitations
on the taking of the testimony of a child that it finds just and
appropriate, considering the interests of the child, the rights of
the defendant, and any other relevant factors.
SECTION 2. The change in law made by this Act applies to a
criminal proceeding that commences on or after the effective date
of this Act. 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.