Texas 2019 - 86th Regular

Texas House Bill HB2875 Compare Versions

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1-86R26011 MAW-F
1+86R11781 MAW-F
22 By: Davis of Dallas H.B. No. 2875
3- Substitute the following for H.B. No. 2875:
4- By: Pacheco C.S.H.B. No. 2875
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75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the admissibility and use of certain evidence in the
108 prosecution of the offense of exploitation of a child, elderly
119 individual, or disabled individual.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1311 SECTION 1. Chapter 38, Code of Criminal Procedure, is
1412 amended by adding Article 38.471 to read as follows:
1513 Art. 38.471. EVIDENCE IN PROSECUTION FOR EXPLOITATION OF
1614 CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In the
1715 prosecution of an offense under Section 32.53, Penal Code, evidence
1816 that the defendant has engaged in other conduct that is similar to
1917 the alleged criminal conduct may be admitted for the purpose of
2018 showing the defendant's knowledge or intent regarding an element of
2119 the offense.
22- (b) Rule 403, Texas Rules of Evidence, applies to this
23- article. This article does not permit the presentation of
24- character evidence that would otherwise be inadmissible under the
25- Texas Rules of Evidence or other applicable law.
20+ (b) Notwithstanding Article 38.14, uncorroborated
21+ testimony of an accomplice is sufficient to establish the
22+ defendant's knowledge or intent regarding an element of the
23+ offense.
2624 SECTION 2. The change in law made by this Act applies to the
2725 admissibility of evidence in a criminal proceeding that commences
2826 on or after the effective date of this Act. The admissibility of
2927 evidence in a criminal proceeding that commences before the
3028 effective date of this Act is governed by the law in effect when the
3129 proceeding commenced, and the former law is continued in effect for
3230 that purpose.
3331 SECTION 3. This Act takes effect September 1, 2019.