Texas Senate Bill SB787

Texas 2011 - 82nd Regular

• Introduced: 2/18/11

Caption

Relating to the admissibility of certain hearsay statements of a child in hearings on an application for a protective order.

Impact

The enactment of SB787 would have significant implications for family law in Texas, particularly in cases involving allegations of domestic violence. By permitting hearsay statements from child victims, the law acknowledges the unique challenges faced by younger individuals in legal settings. This change could potentially facilitate more effective judicial responses to family violence, as courts would have access to a broader range of evidence when determining whether to grant protective orders. The law is designed to enhance the protections afforded to vulnerable populations, particularly children who are often caught in difficult circumstances.

Summary

SB787 introduces an important amendment to the Texas Family Code, specifically in addressing the admissibility of hearsay statements made by children under 12 in hearings regarding protective orders. This bill allows for statements from young victims of family violence to be presented as evidence in court. The provision aims to provide a clearer legal pathway for affected children to communicate their experiences of distressing situations without the requirement of cross-examination, which can be intimidating or trauma-inducing for young witnesses.

Sentiment

Overall, the sentiment surrounding SB787 appears to be supportive, particularly among advocates for children's rights and domestic violence organizations. Proponents argue that the bill is a necessary step toward improving the legal framework for protecting child victims. Critics, however, may express concerns about the potential for hearsay evidence to be misinterpreted or misused, emphasizing the need for careful handling of such sensitive testimony. These differing viewpoints reflect a broader societal debate about how best to balance the protections afforded to vulnerable individuals with the rights of the accused.

Contention

While SB787 is largely viewed as a progressive measure to help child victims, it raises important legal questions about the reliability of hearsay testimony. Opponents of the bill may worry that allowing hearsay could undermine the integrity of the judicial process, particularly if such statements are provided without corroborative evidence. Thus, while the bill promises to enhance the legal status of child's testimony in family violence cases, it also invites scrutiny on how such changes will affect judicial standards and the perceptions of fairness in legal proceedings.