S.B. No. 2136
AN ACT
relating to the admissibility of evidence in the prosecution of an
offense against a family member or certain other individuals or
involving exploitation of certain vulnerable individuals.
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. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.471 to read as follows:
Art. 38.471. EVIDENCE IN PROSECUTION FOR EXPLOITATION OF
CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In the
prosecution of an offense under Section 32.53, Penal Code, evidence
that the defendant has engaged in other conduct that is similar to
the alleged criminal conduct may be admitted for the purpose of
showing the defendant's knowledge or intent regarding an element of
the offense.
(b) Rule 403, Texas Rules of Evidence, applies to this
article. This article does not permit the presentation of
character evidence that would otherwise be inadmissible under the
Texas Rules of Evidence or other applicable law.
SECTION 4. 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 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2136 passed the Senate on
May 7, 2019, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 25, 2019, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2136 passed the House, with
amendment, on May 22, 2019, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor