83R1478 JRH-D
By: Huffman S.B. No. 463
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion of certain witnesses during a criminal
proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 36.03, Code of Criminal Procedure, is
amended by adding Subsections (f) and (g) to read as follows:
(f) The prosecuting attorney may designate one person who is
an officer or employee of a party that is not a natural person to
serve as the state's courtroom representative during a criminal
proceeding. Notwithstanding Rule 614, Texas Rules of Evidence, a
court may not exclude under this article or that rule a person who
has been designated as a courtroom representative under this
subsection unless the person is a law enforcement officer who
violates Subsection (g).
(g) A law enforcement officer who is designated as the
state's courtroom representative under Subsection (f) may not wear
a law enforcement uniform or badge while serving as that
representative.
SECTION 2. Under the terms of Section 22.109(b), Government
Code, Rule 614, Texas Rules of Evidence, is disapproved to the
extent that Rule 614 permits the exclusion of a witness who is
designated by the prosecuting attorney as the state's courtroom
representative in a criminal case from hearing the testimony of
other witnesses in the case.
SECTION 3. 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 4. This Act takes effect September 1, 2013.