| 1 | 1 | | 86R12965 MAW-D |
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| 2 | 2 | | By: Guillen H.B. No. 2951 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the admissibility of certain hearsay statements in the |
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| 8 | 8 | | prosecution of certain sexual or assaultive offenses committed |
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| 9 | 9 | | against a child or person with a disability. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 2(a), Article 38.072, Code of Criminal |
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| 12 | 12 | | Procedure, as amended by Chapters 284 (S.B. 643) and 710 (H.B. |
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| 13 | 13 | | 2846), Acts of the 81st Legislature, Regular Session, 2009, is |
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| 14 | 14 | | reenacted and amended to read as follows: |
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| 15 | 15 | | (a) This article applies only to statements that: |
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| 16 | 16 | | (1) describe: |
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| 17 | 17 | | (A) the alleged offense; or |
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| 18 | 18 | | (B) if the statement is offered during the |
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| 19 | 19 | | punishment phase of the proceeding, a crime, wrong, or act other |
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| 20 | 20 | | than the alleged offense that is: |
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| 21 | 21 | | (i) described by Section 1; |
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| 22 | 22 | | (ii) allegedly committed by the defendant |
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| 23 | 23 | | against the child or person with a disability who is the victim of |
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| 24 | 24 | | the offense or against another person who is a child younger than 14 |
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| 25 | 25 | | years of age or a person with a disability; and |
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| 26 | 26 | | (iii) otherwise admissible as evidence |
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| 27 | 27 | | under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or |
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| 28 | 28 | | another law or rule of evidence of this state; |
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| 29 | 29 | | (2) were made by the child or person with a disability |
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| 30 | 30 | | against whom the charged offense or extraneous crime, wrong, or act |
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| 31 | 31 | | was allegedly committed; and |
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| 32 | 32 | | (3) were made to the first person, 18 years of age or |
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| 33 | 33 | | older, other than the defendant, to whom the child or person with a |
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| 34 | 34 | | disability made a statement about the offense or extraneous crime, |
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| 35 | 35 | | wrong, or act. |
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| 36 | 36 | | SECTION 2. The change in law made by this Act applies to a |
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| 37 | 37 | | criminal proceeding that commences on or after the effective date |
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| 38 | 38 | | of this Act. A criminal proceeding that commences before the |
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| 39 | 39 | | effective date of this Act is governed by the law in effect when the |
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| 40 | 40 | | proceeding commenced, and the former law is continued in effect for |
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| 41 | 41 | | that purpose. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2019. |
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