84R7644 JRR-F
By: Herrero H.B. No. 2777
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain evidence in the
prosecution of offenses involving family violence and other similar
offenses committed against a member of the defendant's family or
household.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.371 to read as follows:
Art. 38.371. EVIDENCE IN PROSECUTIONS OF OFFENSES INVOLVING
FAMILY VIOLENCE AND OTHER SIMILAR OFFENSES. (a) This article
applies to a proceeding in the prosecution of a defendant for an
offense, or for an attempt or conspiracy to commit an offense, that
is committed under the following provisions of the Penal Code
against a person whose relationship to or association with the
defendant is described by Section 71.0021(b), 71.003, or 71.005,
Family Code:
(1) Chapter 19 (Criminal Homicide);
(2) Chapter 20 (Kidnapping, Unlawful Restraint, and
Smuggling of Persons);
(3) Chapter 20A (Trafficking of Persons);
(4) Section 21.02 (Continuous Sexual Abuse of Young
Child or Children);
(5) Section 21.11 (Indecency with a Child);
(6) Section 22.01 (Assault);
(7) Section 22.011 (Sexual Assault);
(8) Section 22.02 (Aggravated Assault);
(9) Section 22.021 (Aggravated Sexual Assault);
(10) Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual);
(11) Section 25.07 (Violation of Certain Court Orders
or Conditions of Bond in a Family Violence, Sexual Assault or Abuse,
or Stalking Case);
(12) Section 25.072 (Repeated Violation of Certain
Court Orders or Conditions of Bond in Family Violence Case);
(13) Section 25.11 (Continuous Violence Against the
Family);
(14) Section 36.05 (Tampering with Witness);
(15) Section 36.06 (Obstruction or Retaliation);
(16) Section 38.112 (Violation of Protective Order
Issued on Basis of Sexual Assault or Abuse, Stalking, or
Trafficking);
(17) Section 42.07 (Harassment);
(18) Section 42.072 (Stalking);
(19) Section 43.05 (Compelling Prostitution); or
(20) Section 43.25 (Sexual Performance by a Child).
(b) Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, evidence of other crimes, wrongs, or acts committed by
the defendant against 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 victim;
(2) the previous and subsequent relationship between
the defendant and the victim; and
(3) the character of the defendant and acts performed
in conformity with the character of the defendant.
(c) Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, in the trial of an alleged offense described by
Subsection (a), evidence that the defendant has committed a
separate offense described by Subsection (a) against an individual
other than the victim of the instant alleged offense may be admitted
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.
(d) On timely request by the defendant within a reasonable
period before trial, the state shall, within a reasonable period
after the defendant's request, provide the defendant with notice of
the state's intent to introduce in the case in chief evidence
described by Subsection (b) or (c), except that the state is not
required to provide the defendant with notice under this subsection
if the applicable evidence arose in the same criminal transaction
as the instant alleged offense.
(e) This article does not limit the admissibility of
evidence of extraneous crimes, wrongs, or acts under any other
applicable law.
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 governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.