86R26011 MAW-F
By: Davis of Dallas H.B. No. 2875
Substitute the following for H.B. No. 2875:
By: Pacheco C.S.H.B. No. 2875
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility and use of certain evidence in the
prosecution of the offense of exploitation of a child, elderly
individual, or disabled individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.471 to read as follows:
Art. 38.471. EVIDENCE IN PROSECUTION FOR EXPLOITATION OF
CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In the
prosecution of an offense under Section 32.53, Penal Code, evidence
that the defendant has engaged in other conduct that is similar to
the alleged criminal conduct may be admitted for the purpose of
showing the defendant's knowledge or intent regarding an element of
the offense.
(b) Rule 403, Texas Rules of Evidence, applies to this
article. This article does not permit the presentation of
character evidence that would otherwise be inadmissible under the
Texas Rules of Evidence or 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 when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2019.