Texas 2025 - 89th Regular

Texas House Bill HB1977 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1198 EAS-F
2	2	By: Cook H.B. No. 1977
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the admissibility of evidence of certain extraneous
10	10	offenses or acts in the prosecution of sexual assault or aggravated
11	11	sexual assault or an attempt or conspiracy to commit sexual assault
12	12	or aggravated sexual assault.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 1, Article 38.37, Code of Criminal
15	15	Procedure, is amended to read as follows:
16	16	Sec. 1. (a) Subsection (b) applies to a proceeding in the
17	17	prosecution of a defendant for an offense, or an attempt or
18	18	conspiracy to commit an offense, under the following provisions of
19	19	the Penal Code:
20	20	(1) if committed against a child under 17 years of age:
21	21	(A) Chapter 21 (Sexual Offenses);
22	22	(B) Chapter 22 (Assaultive Offenses), subject to
23	23	Subdivision (3); or
24	24	(C) Section 25.02 (Prohibited Sexual Conduct);
25	25	[or]
26	26	(2) if committed against a person younger than 18
27	27	years of age:
28	28	(A) Section 43.25 (Sexual Performance by a
29	29	Child);
30	30	(B) Section 20A.02(a)(5), (6), (7), or (8)
31	31	(Trafficking of Persons);
32	32	(C) Section 20A.03 (Continuous Trafficking of
33	33	Persons), if based partly or wholly on conduct that constitutes an
34	34	offense under Section 20A.02(a)(5), (6), (7), or (8); or
35	35	(D) Section 43.05(a)(2) (Compelling
36	36	Prostitution); or
37	37	(3) if committed against a person of any age:
38	38	(A) Section 22.011 (Sexual Assault); or
39	39	(B) Section 22.021 (Aggravated Sexual Assault).
40	40	(b) Notwithstanding Rules 404 and 405, Texas Rules of
41	41	Evidence, evidence of other crimes, wrongs, or acts committed by
42	42	the defendant against the [child who is the] victim of the alleged
43	43	offense shall be admitted for its bearing on relevant matters,
44	44	including:
45	45	(1) the state of mind of the defendant and the victim
46	46	[child]; and
47	47	(2) the previous and subsequent relationship between
48	48	the defendant and the victim [child].
49	49	SECTION 2. Section 2(a), Article 38.37, Code of Criminal
50	50	Procedure, is amended to read as follows:
51	51	(a) Subsection (b) applies only to the trial of a defendant
52	52	for:
53	53	(1) an offense under any of the following provisions
54	54	of the Penal Code:
55	55	(A) Section 20A.02, if punishable as a felony of
56	56	the first degree under Section 20A.02(b)(1) ([Labor or Sex]
57	57	Trafficking of Persons [a Child or Disabled Individual]);
58	58	(B) Section 21.02 (Continuous Sexual Abuse of
59	59	Young Child or Disabled Individual);
60	60	(C) Section 21.11 (Indecency With a Child);
61	61	(D) Section 22.011 [22.011(a)(2)] (Sexual
62	62	Assault [of a Child]);
63	63	(E) Section 22.021 [Sections 22.021(a)(1)(B) and
64	64	(2)] (Aggravated Sexual Assault [of a Child]);
65	65	(F) Section 33.021 (Online Solicitation of a
66	66	Minor);
67	67	(G) Section 43.25 (Sexual Performance by a
68	68	Child); or
69	69	(H) Section 43.26 (Possession or Promotion of
70	70	Child Pornography), Penal Code; or
71	71	(2) an attempt or conspiracy to commit an offense
72	72	described by Subdivision (1).
73	73	SECTION 3. The change in law made by this Act applies to the
74	74	admissibility of evidence in a criminal proceeding that commences
75	75	on or after the effective date of this Act. The admissibility of
76	76	evidence in a criminal proceeding that commences before the
77	77	effective date of this Act is governed by the law in effect on the
78	78	date the proceeding commenced, and the former law is continued in
79	79	effect for that purpose.
80	80	SECTION 4. This Act takes effect September 1, 2025.