| 1 | 1 | | 86R5546 MAW-D |
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| 2 | 2 | | By: Watson S.B. No. 736 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the admissibility of evidence of other similar offenses |
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| 8 | 8 | | in the prosecution of certain sexual offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2(b), Article 38.37, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | (b) Notwithstanding Rules 404 and 405, Texas Rules of |
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| 13 | 13 | | Evidence, and subject to Section 2-b [2-a], evidence that the |
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| 14 | 14 | | defendant has committed a separate offense described by Subsection |
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| 15 | 15 | | (a)(1) or (2) may be admitted in the trial of an alleged offense |
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| 16 | 16 | | described by Subsection (a)(1) or (2) for any bearing the evidence |
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| 17 | 17 | | has on relevant matters, including the character of the defendant |
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| 18 | 18 | | and acts performed in conformity with the character of the |
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| 19 | 19 | | defendant. |
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| 20 | 20 | | SECTION 2. Article 38.37, Code of Criminal Procedure, is |
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| 21 | 21 | | amended by amending Sections 2-a and 3 and adding Section 2-b to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | Sec. 2-a. (a) Subsection (b) applies only to the trial of a |
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| 24 | 24 | | defendant for an offense, or an attempt or conspiracy to commit an |
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| 25 | 25 | | offense, under Section 22.011 or 22.021, Penal Code. |
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| 26 | 26 | | (b) Notwithstanding Rules 404 and 405, Texas Rules of |
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| 27 | 27 | | Evidence, and subject to Section 2-b, evidence that the defendant |
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| 28 | 28 | | has committed two or more separate offenses described by Subsection |
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| 29 | 29 | | (a) may be admitted in the trial of an alleged offense described by |
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| 30 | 30 | | that subsection for any bearing the evidence has on relevant |
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| 31 | 31 | | matters, including the character of the defendant and acts |
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| 32 | 32 | | performed in conformity with the character of the defendant. |
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| 33 | 33 | | Sec. 2-b. Before evidence described by Section 2 or 2-a may |
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| 34 | 34 | | be introduced, the trial judge must: |
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| 35 | 35 | | (1) determine that the evidence likely to be admitted |
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| 36 | 36 | | at trial will be adequate to support a finding by the jury that the |
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| 37 | 37 | | defendant committed beyond a reasonable doubt a [the] separate |
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| 38 | 38 | | offense as provided by the applicable section [beyond a reasonable |
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| 39 | 39 | | doubt]; and |
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| 40 | 40 | | (2) conduct a hearing out of the presence of the jury |
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| 41 | 41 | | for that purpose. |
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| 42 | 42 | | Sec. 3. The state shall give the defendant notice of the |
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| 43 | 43 | | state's intent to introduce in the case in chief evidence described |
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| 44 | 44 | | by Section 1, [or] 2, or 2-a not later than the 30th day before the |
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| 45 | 45 | | date of the defendant's trial. |
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| 46 | 46 | | SECTION 3. The change in law made by this Act applies to the |
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| 47 | 47 | | admissibility of evidence in a criminal proceeding that commences |
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| 48 | 48 | | on or after the effective date of this Act. The admissibility of |
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| 49 | 49 | | evidence in a criminal proceeding that commences before the |
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| 50 | 50 | | effective date of this Act is governed by the law in effect when the |
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| 51 | 51 | | proceeding commenced, and the former law is continued in effect for |
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| 52 | 52 | | that purpose. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2019. |
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