By: Meza H.B. No. 2889
A BILL TO BE ENTITLED
AN ACT
relating to amending the Texas Rules of Evidence to provide
protections for victims of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Texas Rules of Evidence Article IV is amended
to read as follows:
Rule 412. Evidence of Previous Sexual Conduct in Criminal
Cases
(a) In General. Prohibited Uses. The following evidence is
not admissible in a prosecution for sexual assault, aggravated
sexual assault, or attempt to commit sexual assault or aggravated
sexual assault: civil or criminal proceeding involving alleged
sexual misconduct:
(1) reputation or opinion evidence of a victim's past
evidence offered to prove that a victim engaged in other sexual
behavior; or
(2) specific instances of evidence offered to prove a
victim's past sexual behavior predisposition.
(b) Exceptions for Specific Instances. Evidence of
specific instances of a victim's past sexual behavior is admissible
if:
(1) the court admits the evidence in accordance with
subdivisions (c) and (d); (1) Criminal Cases. The court may admit
the following evidence in a criminal case:
(A) evidence of specific instances of a victim's
sexual behavior, if offered to prove that someone other than the
defendant was the source of semen, injury, or other physical
evidence;
(B) evidence of specific instances of a victim's
sexual behavior with respect to the person accused of the sexual
misconduct, if offered by the defendant to prove consent or if
offered by the prosecutor; and
(C) evidence whose exclusion would violate the
defendant's constitutional rights.
(2) the evidence: Civil Cases. In a civil case, the
court may admit evidence offered to prove a victim's sexual
behavior or sexual predisposition if its probative value
substantially outweighs the danger of harm to any victim and of
unfair prejudice to any party. The court may admit evidence of a
victim's reputation only if the victim has placed it in
controversy.
(A) is necessary to rebut or explain scientific
or medical evidence offered by the prosecutor;
(B) concerns past sexual behavior with the
defendant and is offered by the defendant to prove consent;
(C) relates to the victim's motive or bias;
(D) is admissible under Rule 609; or
(E) is constitutionally required to be admitted;
and
(3) the probative value of the evidence outweighs the
danger of unfair prejudice.
(c) Procedure for Offering Evidence. Before offering any
evidence of the victim's past sexual behavior, the defendant must
inform the court outside the jury's presence. The court must then
conduct an in camera hearing, recorded by a court reporter, and
determine whether the proposed evidence is admissible. The
defendant may not refer to any evidence ruled inadmissible without
first requesting and gaining the court's approval outside the
jury's presence. To Determine Admissibility
(1) Motion. If a party intends to offer evidence under
Rule 412(b), the party must:
(A) file a motion that specifically describes the
evidence and states the purpose for which it is to be offered;
(B) do so at least 14 days before trial unless the
court, for good cause, sets a different time;
(C) serve the motion on all parties; and
(D) notify the victim or, when appropriate, the
victim's guardian or representative.
(2) Hearing. Before admitting evidence under this
rule, the court must conduct an in camera hearing and give the
victim and parties a right to attend and be heard. Unless the court
orders otherwise, the motion, related materials, and the record of
the hearing must be and remain sealed.
(d) Record Sealed. The court must preserve the record of
the in camera hearing, under seal, as part of the record.
(e) (d) Definition of "Victim." In this rule, "victim"
includes an alleged victim.
SECTION 2. The Texas Rules of Evidence Article IV is amended
to add:
Rule 413. Similar Crimes in Sexual-Assault Cases
(a) Permitted Uses. In a criminal case in which a defendant
is accused of a sexual assault, the court may admit evidence that
the defendant committed any other sexual assault. The evidence may
be considered on any matter to which it is relevant.
(b) Disclosure to the Defendant. If the prosecutor intends
to offer this evidence, the prosecutor must disclose it to the
defendant, including witnesses' statements or a summary of the
expected testimony. The prosecutor must do so at least 15 days
before trial or at a later time that the court allows for good
cause.
(c) Effect on Other Rules. This rule does not limit the
admission or consideration of evidence under any other rule.
(d) Definition of "Sexual Assault." In this rule and Rule
414, "sexual assault" means a crime under Texas law involving:
(1) any conduct prohibited by section 22.011 of the
Texas Penal Code;
(2) contact, without consent, between any part of the
defendant's body - or an object - and another person's genitals or
anus;
(3) contact, without consent, between the defendant's
genitals or anus and any part of another person's body;
(4) deriving sexual pleasure or gratification from
inflicting death, bodily injury, or physical pain on another
person; or
(5) an attempt or conspiracy to engage in conduct
described in subparagraphs (1)-(4).
SECTION 3. The Texas Rules of Evidence Article IV is amended
to add:
Rule 414 Civil Cases Involving Sexual Assault
(a) Permitted Uses. In a civil case involving a claim for
relief based on a party's alleged sexual assault, the court may
admit evidence that the party committed any other sexual assault.
The evidence may be considered as provided in Rules 413.
(b) Disclosure to the Opponent. If a party intends to offer
this evidence, the party must disclose it to the party against whom
it will be offered, including witnesses' statements or a summary of
the expected testimony. The party must do so at least 15 days
before trial or at a later time that the court allows for good
cause.
(c) Effect on Other Rules. This rule does not limit the
admission or consideration of evidence under any other rule.
SECTION 4. This Act takes effect September 1, 2019.