Texas 2013 - 83rd Regular

Texas House Bill HB3060 Compare Versions

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1	1	By: Herrero H.B. No. 3060
2	2	Substitute the following for H.B. No. 3060:
3	3	By: Herrero C.S.H.B. No. 3060
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the punishment for the offense of tampering with a
9	9	witness and the evidence that may be offered to show that offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subsection (a), Section 36.05, Penal Code, is
12	12	amended to read as follows:
13	13	(a) A person commits an offense if, with intent to influence
14	14	the witness, he offers, confers, or agrees to confer any benefit on
15	15	a witness or prospective witness in an official proceeding, or he
16	16	coerces a witness or a prospective witness in an official
17	17	proceeding:
18	18	SECTION 2. Section 36.05, Penal Code, is amended by adding
19	19	Subsections (e-1), (e-2), and (e-3) to read as follows:
20	20	(e-1) Notwithstanding Subsection (d), if the underlying
21	21	official proceeding involves family violence, as defined by Section
22	22	71.004, Family Code, an offense under this section is the greater
23	23	of:
24	24	(1) a felony of the third degree; or
25	25	(2) the most serious offense charged in the criminal
26	26	case.
27	27	(e-2) Notwithstanding Subsections (d) and (e-1), if the
28	28	underlying official proceeding involves family violence, as
29	29	defined by Section 71.004, Family Code, and it is shown at the trial
30	30	of the offense that the defendant has previously been convicted of
31	31	an offense involving family violence under the laws of this state or
32	32	another state, an offense under this section is the greater of:
33	33	(1) a felony of the second degree; or
34	34	(2) the most serious offense charged in the criminal
35	35	case.
36	36	(e-3) For purposes of Subsection (a), a person is considered
37	37	to coerce a witness or prospective witness if the person commits an
38	38	act of family violence as defined by Section 71.004, Family Code,
39	39	that is perpetrated, in part, with the intent to cause the witness'
40	40	or prospective witness' unavailability or failure to comply and the
41	41	offense is punishable under Subsection (e-1) or (e-2), as
42	42	applicable.
43	43	SECTION 3. Chapter 38, Code of Criminal Procedure, is
44	44	amended by adding Articles 38.48 and 38.49 to read as follows:
45	45	Art. 38.48. EVIDENCE IN PROSECUTION FOR TAMPERING WITH
46	46	WITNESS OR PROSPECTIVE WITNESS INVOLVING FAMILY VIOLENCE. (a)
47	47	This article applies to the prosecution of an offense under Section
48	48	36.05, Penal Code, in which:
49	49	(1) the underlying official proceeding involved
50	50	family violence, as defined by Section 71.004, Family Code; or
51	51	(2) the actor is alleged to have violated Section
52	52	36.05, Penal Code, by committing an act of family violence against a
53	53	witness or prospective witness.
54	54	(b) In the prosecution of an offense described by Subsection
55	55	(a), subject to the Texas Rules of Evidence or other applicable law,
56	56	each party may offer testimony or other evidence of all relevant
57	57	facts and circumstances that would assist the trier of fact in
58	58	determining whether the actor's conduct coerced the witness or
59	59	prospective witness, including the nature of the relationship
60	60	between the actor and the witness or prospective witness.
61	61	Art. 38.49. FORFEITURE BY WRONGDOING. (a) A party to a
62	62	criminal case who wrongfully procures the unavailability of a
63	63	witness or prospective witness:
64	64	(1) may not benefit from the wrongdoing by depriving
65	65	the trier of fact of relevant evidence and testimony; and
66	66	(2) forfeits the party's right to object to the
67	67	admissibility of evidence or statements based on the unavailability
68	68	of the witness as provided by this article through forfeiture by
69	69	wrongdoing.
70	70	(b) Evidence and statements related to a party that has
71	71	engaged or acquiesced in wrongdoing that was intended to, and did,
72	72	procure the unavailability of a witness or prospective witness are
73	73	admissible and may be used by the offering party to make a showing
74	74	of forfeiture by wrongdoing under this article, subject to
75	75	Subsection (c).
76	76	(c) In determining the admissibility of the evidence or
77	77	statements described by Subsection (b), the court shall determine,
78	78	out of the presence of the jury, whether forfeiture by wrongdoing
79	79	occurred by a preponderance of the evidence. If practicable, the
80	80	court shall make the determination under this subsection before
81	81	trial using the procedures under Article 28.01 of this code and Rule
82	82	104, Texas Rules of Evidence.
83	83	(d) The party offering the evidence or statements described
84	84	by Subsection (b) is not required to show that:
85	85	(1) the actor's sole intent was to wrongfully cause the
86	86	witness's or prospective witness's unavailability;
87	87	(2) the actions of the actor constituted a criminal
88	88	offense; or
89	89	(3) any statements offered are reliable.
90	90	(e) A conviction for an offense under Section 36.05 or
91	91	36.06, Penal Code, creates a presumption of forfeiture by
92	92	wrongdoing under this article.
93	93	(f) Rule 403, Texas Rules of Evidence, applies to this
94	94	article. This article does not permit the presentation of
95	95	character evidence that would otherwise be inadmissible under the
96	96	Texas Rules of Evidence or other applicable law.
97	97	SECTION 4.
98	98	The change in law made by this Act applies only
99	99	to an offense committed on or after the effective date of this Act.
100	100	An offense committed before the effective date of this Act is
101	101	governed by the law in effect on the date the offense was committed,
102	102	and the former law is continued in effect for that purpose. For
103	103	purposes of this section, an offense was committed before the
104	104	effective date of this Act if any element of the offense occurred
105	105	before that date.
106	106	SECTION 5. This Act takes effect September 1, 2013.