Texas 2019 - 86th Regular

Texas House Bill HB3956 Compare Versions

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

Old	New	Differences
1	1	86R8013 MAW-D
2	2	By: Hefner H.B. No. 3956
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the testimony of a person with a disability in certain
8	8	criminal cases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 38, Code of Criminal Procedure, is
11	11	amended by adding Article 38.076 to read as follows:
12	12	Art. 38.076. TESTIMONY OF PERSON WITH DISABILITY. (a) In
13	13	this article:
14	14	(1) "Person with a disability" has the meaning
15	15	assigned by Section 3, Article 38.072.
16	16	(2) "Support person" has the meaning assigned by
17	17	Section 1, Article 38.074.
18	18	(b) This article applies to the testimony of a person with a
19	19	disability in any hearing or proceeding in the prosecution of an
20	20	offense under any of the following provisions of the Penal Code,
21	21	other than a prosecution in which the person is the defendant:
22	22	(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
23	23	Offenses);
24	24	(2) Section 25.02 (Prohibited Sexual Conduct);
25	25	(3) Section 43.25 (Sexual Performance by a Child);
26	26	(4) Section 43.05(a) (Compelling Prostitution);
27	27	(5) Section 20A.02(a)(3), (4), (7), or (8)
28	28	(Trafficking of Persons); or
29	29	(6) Section 15.01 (Criminal Attempt), if the offense
30	30	attempted is described by Subdivision (1), (2), (3), (4), or (5).
31	31	(c) On the motion of any party, or a parent, managing
32	32	conservator, guardian, or guardian ad litem of a person with a
33	33	disability, the court shall allow the person to have a toy, blanket,
34	34	or similar comforting item in the person's possession while
35	35	testifying or allow a support person to be present in close
36	36	proximity to the person with a disability during that person's
37	37	testimony if the court finds by a preponderance of the evidence
38	38	that:
39	39	(1) the person with a disability cannot reliably
40	40	testify without the possession of the item or presence of the
41	41	support person, as applicable; and
42	42	(2) granting the motion is not likely to prejudice the
43	43	trier of fact in evaluating the person's testimony.
44	44	(d) A support person who is present during the testimony of
45	45	a person with a disability may not:
46	46	(1) obscure the person with a disability from the view
47	47	of the defendant or the trier of fact;
48	48	(2) provide the person with a disability with an
49	49	answer to any question asked of the person; or
50	50	(3) assist or influence the testimony of the person
51	51	with a disability.
52	52	(e) The court may set any other conditions and limitations
53	53	on the taking of the testimony of a person with a disability that it
54	54	finds just and appropriate, considering the interests of the
55	55	person, the rights of the defendant, and any other relevant
56	56	factors.
57	57	SECTION 2. The change in law made by this Act applies to a
58	58	criminal proceeding that commences on or after the effective date
59	59	of this Act. A criminal proceeding that commences before the
60	60	effective date of this Act is governed by the law in effect when the
61	61	proceeding commenced, and the former law is continued in effect for
62	62	that purpose.
63	63	SECTION 3. This Act takes effect September 1, 2019.