Texas 2025 - 89th Regular

Texas House Bill HB3603 Compare Versions

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

Old	New	Differences
1	1	89R13871 JSC-D
2	2	By: Toth H.B. No. 3603
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the admissibility of evidence of extraneous offenses or
10	10	acts in the prosecution of certain family violence offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 38, Code of Criminal Procedure, is
13	13	amended by adding Article 38.372 to read as follows:
14	14	Art. 38.372. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS IN
15	15	PROSECUTION OF CERTAIN FAMILY VIOLENCE OFFENSES. (a) This article
16	16	applies to a proceeding in the prosecution of a defendant for an
17	17	offense, or for an attempt or conspiracy to commit an offense,
18	18	under:
19	19	(1) Chapter 19, Penal Code, if the victim of the
20	20	alleged offense is a person whose relationship to or association
21	21	with the defendant is described by Section 71.0021(b), 71.003, or
22	22	71.005, Family Code;
23	23	(2) Section 22.01, 22.02, or 22.04, Penal Code, if the
24	24	victim of the alleged offense is a person whose relationship to or
25	25	association with the defendant is described by Section 71.0021(b),
26	26	71.003, or 71.005, Family Code; and
27	27	(3) Section 25.11, Penal Code.
28	28	(b) Notwithstanding Rules 404 and 405, Texas Rules of
29	29	Evidence, evidence of other crimes, wrongs, or acts committed by
30	30	the defendant against the person who is the victim of the alleged
31	31	offense shall be admitted for its bearing on relevant matters,
32	32	including:
33	33	(1) the state of mind of the defendant and the victim;
34	34	and
35	35	(2) the previous and subsequent relationship between
36	36	the defendant and the victim.
37	37	(c) Notwithstanding Rules 404 and 405, Texas Rules of
38	38	Evidence, and subject to Subsection (d), evidence that the
39	39	defendant has committed a separate offense described by Subsection
40	40	(a) may be admitted in the trial of an alleged offense described by
41	41	Subsection (a) for any bearing the evidence has on relevant
42	42	matters, including the character of the defendant and acts
43	43	performed in conformity with the character of the defendant.
44	44	(d) Before evidence described by Subsection (c) may be
45	45	introduced, the trial judge must:
46	46	(1) determine that the evidence likely to be admitted
47	47	at trial will be adequate to support a finding by the jury that the
48	48	defendant committed the separate offense beyond a reasonable doubt;
49	49	and
50	50	(2) conduct a hearing out of the presence of the jury
51	51	for that purpose.
52	52	(e) The state shall give the defendant notice of the state's
53	53	intent to introduce in the case chief evidence described by
54	54	Subsection (b) or (c) not later than the 30th day before the date of
55	55	the defendant's trial.
56	56	(f) This article does not limit the admissibility of
57	57	evidence of extraneous crimes, wrongs, or acts under any other
58	58	applicable law.
59	59	SECTION 2. The change in law made by this Act applies to the
60	60	admissibility of evidence in a criminal proceeding that commences
61	61	on or after the effective date of this Act. The admissibility of
62	62	evidence in a criminal proceeding that commences before the
63	63	effective date of this Act is governed by the law in effect on the
64	64	date the proceeding commenced, and the former law is continued in
65	65	effect for that purpose.
66	66	SECTION 3. This Act takes effect September 1, 2025.