| 1 | 1 | | 88R3321 SHH-D |
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| 2 | 2 | | By: Leach H.B. No. 1764 |
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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 exclusion of certain witnesses during a criminal |
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| 8 | 8 | | proceeding. |
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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. Article 36.03, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsections (f) and (g) to read as follows: |
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| 12 | 12 | | (f) The attorney representing the state may designate one |
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| 13 | 13 | | person who is an officer or employee of a party that is not a natural |
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| 14 | 14 | | person to serve as the state's courtroom representative during a |
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| 15 | 15 | | criminal proceeding. Notwithstanding Rule 614, Texas Rules of |
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| 16 | 16 | | Evidence, a court may not exclude under this article or that rule a |
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| 17 | 17 | | person who has been designated as a courtroom representative under |
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| 18 | 18 | | this subsection unless the person is a law enforcement officer who |
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| 19 | 19 | | violates Subsection (g). |
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| 20 | 20 | | (g) A law enforcement officer who is designated as the |
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| 21 | 21 | | state's courtroom representative under Subsection (f) may not wear |
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| 22 | 22 | | a law enforcement uniform or badge while serving as that |
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| 23 | 23 | | representative. |
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| 24 | 24 | | SECTION 2. Under the terms of Section 22.109(b), Government |
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| 25 | 25 | | Code, Rule 614, Texas Rules of Evidence, is disapproved to the |
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| 26 | 26 | | extent that Rule 614 permits the exclusion of a witness who is |
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| 27 | 27 | | designated by the attorney representing the state as the state's |
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| 28 | 28 | | courtroom representative in a criminal case from hearing the |
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| 29 | 29 | | testimony of other witnesses in the case. |
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| 30 | 30 | | SECTION 3. The change in law made by this Act applies only |
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| 31 | 31 | | to a criminal proceeding that commences on or after the effective |
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| 32 | 32 | | date of this Act. A criminal proceeding that commences before the |
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| 33 | 33 | | effective date of this Act is governed by the law in effect on the |
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| 34 | 34 | | date the proceeding commenced, and the former law is continued in |
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| 35 | 35 | | effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2023. |
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