Texas 2019 - 86th Regular

Texas Senate Bill SB2136 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2136
	1	+	By: Powell S.B. No. 2136
	2	+	(Collier)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the admissibility of evidence in the prosecution of an
6		-	offense against a family ~~member~~ or ~~certain other individuals or~~
7		-	~~involving exploitation of certain vulnerable individuals~~.
	8	+	offense committed against a member of the defendant's family or
	9	+	household or person in a dating relationship with the defendant.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. The heading to Article 38.371, Code of Criminal
10	12		Procedure, is amended to read as follows:
11	13		Art. 38.371. EVIDENCE IN PROSECUTION [PROSECUTIONS] OF
12	14		OFFENSE COMMITTED AGAINST MEMBER OF DEFENDANT'S FAMILY OR HOUSEHOLD
13	15		OR PERSON IN DATING RELATIONSHIP WITH DEFENDANT [CERTAIN OFFENSES
14	16		INVOLVING FAMILY VIOLENCE].
15	17		SECTION 2. Article 38.371(a), Code of Criminal Procedure,
16	18		is amended to read as follows:
17	19		(a) This article applies to a proceeding in the prosecution
18	20		of a defendant for an offense, or for an attempt or conspiracy to
19	21		commit an offense, for which the alleged victim is [that is
20	22		committed under:
21	23		[(1) Section 22.01, 22.02, or 22.04, Penal Code,
22	24		against] a person whose relationship to or association with the
23	25		defendant is described by Section 71.0021(b), 71.003, or 71.005,
24	26		Family Code[; or
25	27		[(2) Section 25.07 or 25.072, Penal Code, if the offense
26	28		is based on a violation of an order or a condition of bond in a case
27	29		involving family violence].
28		-	SECTION 3. Chapter 38, Code of Criminal Procedure, is
29		-	amended by adding Article 38.471 to read as follows:
30		-	Art. 38.471. EVIDENCE IN PROSECUTION FOR EXPLOITATION OF
31		-	CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In the
32		-	prosecution of an offense under Section 32.53, Penal Code, evidence
33		-	that the defendant has engaged in other conduct that is similar to
34		-	the alleged criminal conduct may be admitted for the purpose of
35		-	showing the defendant's knowledge or intent regarding an element of
36		-	the offense.
37		-	(b) Rule 403, Texas Rules of Evidence, applies to this
38		-	article. This article does not permit the presentation of
39		-	character evidence that would otherwise be inadmissible under the
40		-	Texas Rules of Evidence or other applicable law.
41		-	SECTION 4. The change in law made by this Act applies to the
	30	+	SECTION 3. The change in law made by this Act applies to the
42	31		admissibility of evidence in a criminal proceeding that commences
43	32		on or after the effective date of this Act. The admissibility of
44	33		evidence in a criminal proceeding that commences before the
45	34		effective date of this Act is governed by the law in effect on the
46	35		date the proceeding commenced, and the former law is continued in
47	36		effect for that purpose.
48		-	SECTION 5. This Act takes effect September 1, 2019.
49		-	______________________________ ______________________________
50		-	President of the Senate Speaker of the House
51		-	I hereby certify that S.B. No. 2136 passed the Senate on
52		-	May 7, 2019, by the following vote: Yeas 31, Nays 0; and that the
53		-	Senate concurred in House amendment on May 25, 2019, by the
54		-	following vote: Yeas 30, Nays 0.
55		-	______________________________
56		-	Secretary of the Senate
57		-	I hereby certify that S.B. No. 2136 passed the House, with
58		-	amendment, on May 22, 2019, by the following vote: Yeas 144,
59		-	Nays 0, two present not voting.
60		-	______________________________
61		-	Chief Clerk of the House
62		-	Approved:
63		-	______________________________
64		-	Date
65		-	______________________________
66		-	Governor
	37	+	SECTION 4. This Act takes effect September 1, 2019.