84R27096 JRR-F
By: Herrero H.B. No. 2777
Substitute the following for H.B. No. 2777:
By: Herrero C.S.H.B. No. 2777
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain evidence in the
prosecution of certain assaultive offenses involving family
violence.
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 CERTAIN ASSAULTIVE
OFFENSES INVOLVING FAMILY VIOLENCE. (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 Section 22.01 or 22.02, 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.
(b) In the prosecution of an offense described by Subsection
(a), subject to the Texas Rules of Evidence or other applicable law,
each party may offer testimony or other evidence of all relevant
facts and circumstances that would assist the trier of fact in
determining whether the actor committed the offense described by
Subsection (a), including testimony or evidence regarding the
nature of the relationship between the actor and the alleged
victim.
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.