| 1 | 1 | | 85R7335 JRR-F |
|---|
| 2 | 2 | | By: Wray H.B. No. 1122 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the admissibility of certain recorded statements made |
|---|
| 8 | 8 | | by child abuse victims. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended by adding Article 38.0725 to read as follows: |
|---|
| 12 | 12 | | Art. 38.0725. ADMISSIBILITY OF CERTAIN RECORDED STATEMENTS |
|---|
| 13 | 13 | | OF CHILD ABUSE VICTIMS. (a) This article applies only to a |
|---|
| 14 | 14 | | proceeding in the prosecution of an offense listed in Section 1, |
|---|
| 15 | 15 | | Article 38.072, and committed against a child younger than 14 years |
|---|
| 16 | 16 | | of age. |
|---|
| 17 | 17 | | (b) A recording of an oral statement that is not otherwise |
|---|
| 18 | 18 | | admissible under another law or a rule of evidence of this state is |
|---|
| 19 | 19 | | admissible into evidence in any proceeding to which this article |
|---|
| 20 | 20 | | applies if: |
|---|
| 21 | 21 | | (1) the statement was made by the victim against whom |
|---|
| 22 | 22 | | the charged offense was allegedly committed; |
|---|
| 23 | 23 | | (2) after an in camera review, the court finds that: |
|---|
| 24 | 24 | | (A) the statement is relevant and is reliable |
|---|
| 25 | 25 | | based on the time, content, and circumstances of the statement; |
|---|
| 26 | 26 | | (B) the recording is both visual and aural and is |
|---|
| 27 | 27 | | recorded on film or videotape or by other electronic means; and |
|---|
| 28 | 28 | | (C) the individual interviewing the victim or, if |
|---|
| 29 | 29 | | the victim's statement is not derived from an interview, the |
|---|
| 30 | 30 | | individual conducting the recording is a neutral individual |
|---|
| 31 | 31 | | experienced in child abuse cases; and |
|---|
| 32 | 32 | | (3) the victim testifies or is available to testify at |
|---|
| 33 | 33 | | the proceeding in court or in any other manner provided by law. |
|---|
| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 35 | 35 | | to a criminal proceeding that commences on or after the effective |
|---|
| 36 | 36 | | date of this Act. A criminal proceeding that commences before the |
|---|
| 37 | 37 | | effective date of this Act is governed by the law in effect when the |
|---|
| 38 | 38 | | proceeding commenced, and the former law is continued in effect for |
|---|
| 39 | 39 | | that purpose. |
|---|
| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|