Texas 2019 - 86th Regular

Texas House Bill HB2889 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Meza H.B. No. 2889
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to amending the Texas Rules of Evidence to provide
7	7	protections for victims of sexual assault.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The Texas Rules of Evidence Article IV is amended
10	10	to read as follows:
11	11	Rule 412. Evidence of Previous Sexual Conduct in Criminal
12	12	Cases
13	13	(a) In General. Prohibited Uses. The following evidence is
14	14	not admissible in a prosecution for sexual assault, aggravated
15	15	sexual assault, or attempt to commit sexual assault or aggravated
16	16	sexual assault: civil or criminal proceeding involving alleged
17	17	sexual misconduct:
18	18	(1) reputation or opinion evidence of a victim's past
19	19	evidence offered to prove that a victim engaged in other sexual
20	20	behavior; or
21	21	(2) specific instances of evidence offered to prove a
22	22	victim's past sexual behavior predisposition.
23	23	(b) Exceptions for Specific Instances. Evidence of
24	24	specific instances of a victim's past sexual behavior is admissible
25	25	if:
26	26	(1) the court admits the evidence in accordance with
27	27	subdivisions (c) and (d); (1) Criminal Cases. The court may admit
28	28	the following evidence in a criminal case:
29	29	(A) evidence of specific instances of a victim's
30	30	sexual behavior, if offered to prove that someone other than the
31	31	defendant was the source of semen, injury, or other physical
32	32	evidence;
33	33	(B) evidence of specific instances of a victim's
34	34	sexual behavior with respect to the person accused of the sexual
35	35	misconduct, if offered by the defendant to prove consent or if
36	36	offered by the prosecutor; and
37	37	(C) evidence whose exclusion would violate the
38	38	defendant's constitutional rights.
39	39	(2) the evidence: Civil Cases. In a civil case, the
40	40	court may admit evidence offered to prove a victim's sexual
41	41	behavior or sexual predisposition if its probative value
42	42	substantially outweighs the danger of harm to any victim and of
43	43	unfair prejudice to any party. The court may admit evidence of a
44	44	victim's reputation only if the victim has placed it in
45	45	controversy.
46	46	(A) is necessary to rebut or explain scientific
47	47	or medical evidence offered by the prosecutor;
48	48	(B) concerns past sexual behavior with the
49	49	defendant and is offered by the defendant to prove consent;
50	50	(C) relates to the victim's motive or bias;
51	51	(D) is admissible under Rule 609; or
52	52	(E) is constitutionally required to be admitted;
53	53	and
54	54	(3) the probative value of the evidence outweighs the
55	55	danger of unfair prejudice.
56	56	(c) Procedure for Offering Evidence. Before offering any
57	57	evidence of the victim's past sexual behavior, the defendant must
58	58	inform the court outside the jury's presence. The court must then
59	59	conduct an in camera hearing, recorded by a court reporter, and
60	60	determine whether the proposed evidence is admissible. The
61	61	defendant may not refer to any evidence ruled inadmissible without
62	62	first requesting and gaining the court's approval outside the
63	63	jury's presence. To Determine Admissibility
64	64	(1) Motion. If a party intends to offer evidence under
65	65	Rule 412(b), the party must:
66	66	(A) file a motion that specifically describes the
67	67	evidence and states the purpose for which it is to be offered;
68	68	(B) do so at least 14 days before trial unless the
69	69	court, for good cause, sets a different time;
70	70	(C) serve the motion on all parties; and
71	71	(D) notify the victim or, when appropriate, the
72	72	victim's guardian or representative.
73	73	(2) Hearing. Before admitting evidence under this
74	74	rule, the court must conduct an in camera hearing and give the
75	75	victim and parties a right to attend and be heard. Unless the court
76	76	orders otherwise, the motion, related materials, and the record of
77	77	the hearing must be and remain sealed.
78	78	(d) Record Sealed. The court must preserve the record of
79	79	the in camera hearing, under seal, as part of the record.
80	80	(e) (d) Definition of "Victim." In this rule, "victim"
81	81	includes an alleged victim.
82	82	SECTION 2. The Texas Rules of Evidence Article IV is amended
83	83	to add:
84	84	Rule 413. Similar Crimes in Sexual-Assault Cases
85	85	(a) Permitted Uses. In a criminal case in which a defendant
86	86	is accused of a sexual assault, the court may admit evidence that
87	87	the defendant committed any other sexual assault. The evidence may
88	88	be considered on any matter to which it is relevant.
89	89	(b) Disclosure to the Defendant. If the prosecutor intends
90	90	to offer this evidence, the prosecutor must disclose it to the
91	91	defendant, including witnesses' statements or a summary of the
92	92	expected testimony. The prosecutor must do so at least 15 days
93	93	before trial or at a later time that the court allows for good
94	94	cause.
95	95	(c) Effect on Other Rules. This rule does not limit the
96	96	admission or consideration of evidence under any other rule.
97	97	(d) Definition of "Sexual Assault." In this rule and Rule
98	98	414, "sexual assault" means a crime under Texas law involving:
99	99	(1) any conduct prohibited by section 22.011 of the
100	100	Texas Penal Code;
101	101	(2) contact, without consent, between any part of the
102	102	defendant's body - or an object - and another person's genitals or
103	103	anus;
104	104	(3) contact, without consent, between the defendant's
105	105	genitals or anus and any part of another person's body;
106	106	(4) deriving sexual pleasure or gratification from
107	107	inflicting death, bodily injury, or physical pain on another
108	108	person; or
109	109	(5) an attempt or conspiracy to engage in conduct
110	110	described in subparagraphs (1)-(4).
111	111	SECTION 3. The Texas Rules of Evidence Article IV is amended
112	112	to add:
113	113	Rule 414 Civil Cases Involving Sexual Assault
114	114	(a) Permitted Uses. In a civil case involving a claim for
115	115	relief based on a party's alleged sexual assault, the court may
116	116	admit evidence that the party committed any other sexual assault.
117	117	The evidence may be considered as provided in Rules 413.
118	118	(b) Disclosure to the Opponent. If a party intends to offer
119	119	this evidence, the party must disclose it to the party against whom
120	120	it will be offered, including witnesses' statements or a summary of
121	121	the expected testimony. The party must do so at least 15 days
122	122	before trial or at a later time that the court allows for good
123	123	cause.
124	124	(c) Effect on Other Rules. This rule does not limit the
125	125	admission or consideration of evidence under any other rule.
126	126	SECTION 4. This Act takes effect September 1, 2019.