88R3321 SHH-D
By: Leach H.B. No. 1764
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion of certain witnesses during a criminal
proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 36.03, Code of Criminal Procedure, is
amended by adding Subsections (f) and (g) to read as follows:
(f) The attorney representing the state may designate one
person who is an officer or employee of a party that is not a natural
person to serve as the state's courtroom representative during a
criminal proceeding. Notwithstanding Rule 614, Texas Rules of
Evidence, a court may not exclude under this article or that rule a
person who has been designated as a courtroom representative under
this subsection unless the person is a law enforcement officer who
violates Subsection (g).
(g) A law enforcement officer who is designated as the
state's courtroom representative under Subsection (f) may not wear
a law enforcement uniform or badge while serving as that
representative.
SECTION 2. Under the terms of Section 22.109(b), Government
Code, Rule 614, Texas Rules of Evidence, is disapproved to the
extent that Rule 614 permits the exclusion of a witness who is
designated by the attorney representing the state as the state's
courtroom representative in a criminal case from hearing the
testimony of other witnesses in the case.
SECTION 3. The change in law made by this Act applies only
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 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, 2023.