Texas Senate Bill SB578

Texas 2011 - 82nd Regular

• Introduced: 2/9/11
• Out of Senate Committee: 5/9/11
• Voted on by Senate: 5/12/11
• Refer: 2/17/11
• Out of House Committee: 5/20/11
• Report Pass: 5/9/11
• Voted on by House: 5/23/11
• Engrossed: 5/12/11
• Governor Action: 6/17/11
• Refer: 5/16/11
• Report Pass: 5/18/11
• Enrolled: 5/23/11
• Passed: 6/17/11

Caption

Relating to the testimony of children in criminal cases.

Impact

The implementation of SB578 will significantly modify how courts handle cases involving child witnesses. It affects existing state laws by mandating that courts administer oaths to children in a manner that promotes understanding and minimizes trauma. Moreover, it requires courts to permit supportive items or individuals to be present during testimony if it helps the child before the court, thereby potentially leading to more reliable testimony from young witnesses. This denotes a shift towards prioritizing the emotional and psychological well-being of child victims or witnesses in the judicial process.

Summary

Senate Bill 578 addresses the legal processes surrounding the testimony of children in criminal cases. This bill aims to create a supportive environment for child witnesses by mandating specific procedures that ensure their welfare during testimony. It introduces Article 38.074 to the Code of Criminal Procedure, which defines necessary accommodations and support mechanisms that can be provided to minors when they testify. The bill emphasizes the importance of age-appropriate language in questioning and provides guidelines for limiting the duration and timing of a child's testimony for their comfort and understanding.

Contention

While the bill provides many benefits, it may also raise concerns among legal practitioners regarding the balance between protecting child witnesses and the rights of defendants. Opponents might argue that the presence of support persons could lead to unintended biases or influences on the child's testimony, thus complicating the judicial process. By clearly outlining the rights of the child and the conditions under which testimony can be administered, the bill aims to navigate the delicate nature of these situations. As these provisions are integrated into state law, ongoing discussions in legislative circles may reveal different perspectives on how these measures affect trial proceedings.