By: Huffman S.B. No. 12
(Riddle)
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of evidence of other similar offenses
in the prosecution of certain sexual offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.37, Code of Criminal Procedure, is
amended by amending Sections 1, 2, and 3 and adding Section 2-a to
read as follows:
Sec. 1. (a) Subsection (b) [This article] applies to a
proceeding in the prosecution of a defendant for an offense, or an
attempt or conspiracy to commit an offense, under the following
provisions of the Penal Code:
(1) if committed against a child under 17 years of age:
(A) Chapter 21 (Sexual Offenses);
(B) Chapter 22 (Assaultive Offenses); or
(C) Section 25.02 (Prohibited Sexual Conduct);
or
(2) if committed against a person younger than 18
years of age:
(A) Section 43.25 (Sexual Performance by a
Child);
(B) Section 20A.02(a)(7) or (8); or
(C) Section 43.05(a)(2) (Compelling
Prostitution).
(b) [Sec. 2.] Notwithstanding Rules 404 and 405, Texas
Rules of Evidence, evidence of other crimes, wrongs, or acts
committed by the defendant against the child who is the victim of
the alleged offense shall be admitted for its bearing on relevant
matters, including:
(1) the state of mind of the defendant and the child;
and
(2) the previous and subsequent relationship between
the defendant and the child.
Sec. 2. (a) Subsection (b) applies only to the trial of a
defendant for:
(1) an offense under any of the following provisions
of the Penal Code:
(A) Section 20A.02, if punishable as a felony of
the first degree under Section 20A.02(b)(1) (Sex Trafficking of a
Child);
(B) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(C) Section 21.11 (Indecency With a Child);
(D) Section 22.011(a)(2) (Sexual Assault of a
Child);
(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
Sexual Assault of a Child);
(F) Section 33.021 (Online Solicitation of a
Minor);
(G) Section 43.25 (Sexual Performance by a
Child); or
(H) Section 43.26 (Possession or Promotion of
Child Pornography), Penal Code; or
(2) an attempt or conspiracy to commit an offense
described by Subdivision (1).
(b) Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, and subject to Section 2-a, evidence that the defendant
has committed a separate offense described by Subsection (a)(1) or
(2) may be admitted in the trial of an alleged offense described by
Subsection (a)(1) or (2) for any bearing the evidence has on
relevant matters, including the character of the defendant and acts
performed in conformity with the character of the defendant.
Sec. 2-a. Before evidence described by Section 2 may be
introduced, the trial judge must:
(1) determine that the evidence likely to be admitted
at trial will be adequate to support a finding by the jury that the
defendant committed the separate offense beyond a reasonable doubt;
and
(2) conduct a hearing out of the presence of the jury
for that purpose.
Sec. 3. The [On timely request by the defendant, the] state
shall give the defendant notice of the state's intent to introduce
in the case in chief evidence described by Section 1 or 2 not later
than the 30th day before the date of the defendant's trial [in the
same manner as the state is required to give notice under Rule
404(b), Texas Rules of Evidence].
SECTION 2. The change in law made by this Act applies to the
admissibility of evidence in a criminal proceeding that commences
on or after the effective date of this Act. The admissibility of
evidence in 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, 2013.