By: Powell S.B. No. 2136
(In the Senate - Filed March 7, 2019; March 21, 2019, read
first time and referred to Committee on Criminal Justice;
May 1, 2019, reported favorably by the following vote: Yeas 7,
Nays 0; May 1, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of evidence in the prosecution of an
offense committed against a member of the defendant's family or
household or person in a dating relationship with the defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 38.371, Code of Criminal
Procedure, is amended to read as follows:
Art. 38.371. EVIDENCE IN PROSECUTION [PROSECUTIONS] OF
OFFENSE COMMITTED AGAINST MEMBER OF DEFENDANT'S FAMILY OR HOUSEHOLD
OR PERSON IN DATING RELATIONSHIP WITH DEFENDANT [CERTAIN OFFENSES
INVOLVING FAMILY VIOLENCE].
SECTION 2. Article 38.371(a), Code of Criminal Procedure,
is amended to read as follows:
(a) This article applies to a proceeding in the prosecution
of a defendant for an offense, or for an attempt or conspiracy to
commit an offense, for which the alleged victim is [that is
committed under:
[(1) Section 22.01, 22.02, or 22.04, Penal Code,
against] a person whose relationship to or association with the
defendant is described by Section 71.0021(b), 71.003, or 71.005,
Family Code[; or
[(2) Section 25.07 or 25.072, Penal Code, if the offense
is based on a violation of an order or a condition of bond in a case
involving family violence].
SECTION 3. The change in law made by this Act applies to the
admissibility of evidence in a criminal proceeding that commences
on or after the effective date of this Act. The admissibility of
evidence in a criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.
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