| 1 | 1 | | 84R5988 MAW-D |
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| 2 | 2 | | By: Raymond H.B. No. 1175 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain privileges of a child in a criminal or civil |
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| 8 | 8 | | proceeding involving the child's parent or guardian. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 38.0741 to read as follows: |
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| 12 | 12 | | Art. 38.0741. PRIVILEGE OF CHILD. (a) In this article: |
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| 13 | 13 | | (1) "Child" has the meaning assigned by Section |
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| 14 | 14 | | 22.011(c), Penal Code. |
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| 15 | 15 | | (2) "Confidential communication" means a |
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| 16 | 16 | | communication that is made privately by a child to the child's |
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| 17 | 17 | | parent or guardian and is not intended to be disclosed to any other |
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| 18 | 18 | | person. |
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| 19 | 19 | | (b) A child has a privilege to refuse to testify against the |
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| 20 | 20 | | child's parent or guardian in a criminal proceeding. A child has a |
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| 21 | 21 | | privilege in a criminal proceeding to refuse to disclose and to |
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| 22 | 22 | | prevent another from disclosing a confidential communication made |
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| 23 | 23 | | to the child's parent or guardian. |
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| 24 | 24 | | (c) A privilege under this article may be claimed only by a |
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| 25 | 25 | | child. |
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| 26 | 26 | | (d) A privilege under this article does not apply: |
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| 27 | 27 | | (1) in any proceeding in which the parent or guardian |
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| 28 | 28 | | of a child is charged with an offense against the child or a member |
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| 29 | 29 | | of the child's household; or |
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| 30 | 30 | | (2) if the parent or guardian has been convicted of an |
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| 31 | 31 | | offense against the child. |
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| 32 | 32 | | (e) This article does not prohibit a child from testifying |
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| 33 | 33 | | voluntarily against the child's parent or guardian. A child who |
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| 34 | 34 | | testifies voluntarily is subject to cross-examination. |
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| 35 | 35 | | SECTION 2. Subchapter B, Chapter 22, Civil Practice and |
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| 36 | 36 | | Remedies Code, is amended by adding Section 22.012 to read as |
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| 37 | 37 | | follows: |
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| 38 | 38 | | Sec. 22.012. PRIVILEGE OF CHILD. (a) In this section: |
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| 39 | 39 | | (1) "Child" means a person younger than 17 years of |
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| 40 | 40 | | age. |
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| 41 | 41 | | (2) "Confidential communication" means a |
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| 42 | 42 | | communication that is made privately by a child to the child's |
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| 43 | 43 | | parent or guardian and is not intended to be disclosed to any other |
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| 44 | 44 | | person. |
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| 45 | 45 | | (b) A child has a privilege to refuse to testify against the |
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| 46 | 46 | | child's parent or guardian in a civil proceeding. A child has a |
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| 47 | 47 | | privilege in a civil proceeding to refuse to disclose and to prevent |
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| 48 | 48 | | another from disclosing a confidential communication made to the |
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| 49 | 49 | | child's parent or guardian. |
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| 50 | 50 | | (c) A privilege under this section may be claimed only by a |
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| 51 | 51 | | child. |
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| 52 | 52 | | (d) A privilege under this section does not apply if: |
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| 53 | 53 | | (1) at the time of the civil proceeding the parent or |
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| 54 | 54 | | guardian of a child is charged with a criminal offense against the |
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| 55 | 55 | | child or a member of the child's household; or |
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| 56 | 56 | | (2) the parent or guardian has been convicted of an |
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| 57 | 57 | | offense against the child. |
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| 58 | 58 | | (e) This section does not prohibit a child from testifying |
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| 59 | 59 | | voluntarily against the child's parent or guardian. A child who |
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| 60 | 60 | | testifies voluntarily is subject to cross-examination. |
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| 61 | 61 | | SECTION 3. The changes in law made by this Act apply only to |
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| 62 | 62 | | a criminal proceeding or civil action that commences on or after the |
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| 63 | 63 | | effective date of this Act. A proceeding or action that commences |
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| 64 | 64 | | before the effective date of this Act is governed by the law in |
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| 65 | 65 | | effect on the date the proceeding or action commences, and the |
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| 66 | 66 | | former law is continued in effect for that purpose. |
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| 67 | 67 | | SECTION 4. This Act takes effect September 1, 2015. |
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