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