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