| 1 | 1 | | 84R27096 JRR-F |
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| 2 | 2 | | By: Herrero H.B. No. 2777 |
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| 3 | 3 | | Substitute the following for H.B. No. 2777: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 2777 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the admissibility of certain evidence in the |
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| 10 | 10 | | prosecution of certain assaultive offenses involving family |
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| 11 | 11 | | violence. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 14 | 14 | | amended by adding Article 38.371 to read as follows: |
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| 15 | 15 | | Art. 38.371. EVIDENCE IN PROSECUTIONS OF CERTAIN ASSAULTIVE |
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| 16 | 16 | | OFFENSES INVOLVING FAMILY VIOLENCE. (a) This article applies to a |
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| 17 | 17 | | proceeding in the prosecution of a defendant for an offense, or for |
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| 18 | 18 | | an attempt or conspiracy to commit an offense, that is committed |
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| 19 | 19 | | under Section 22.01 or 22.02, Penal Code, against a person whose |
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| 20 | 20 | | relationship to or association with the defendant is described by |
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| 21 | 21 | | Section 71.0021(b), 71.003, or 71.005, Family Code. |
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| 22 | 22 | | (b) In the prosecution of an offense described by Subsection |
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| 23 | 23 | | (a), subject to the Texas Rules of Evidence or other applicable law, |
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| 24 | 24 | | each party may offer testimony or other evidence of all relevant |
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| 25 | 25 | | facts and circumstances that would assist the trier of fact in |
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| 26 | 26 | | determining whether the actor committed the offense described by |
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| 27 | 27 | | Subsection (a), including testimony or evidence regarding the |
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| 28 | 28 | | nature of the relationship between the actor and the alleged |
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| 29 | 29 | | victim. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies to the |
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| 31 | 31 | | admissibility of evidence in a criminal proceeding that commences |
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| 32 | 32 | | on or after the effective date of this Act. The admissibility of |
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| 33 | 33 | | evidence in a criminal proceeding that commences before the |
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| 34 | 34 | | effective date of this Act is governed by the law in effect on the |
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| 35 | 35 | | date the proceeding commenced, and the former law is continued in |
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| 36 | 36 | | effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2015. |
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