89R13871 JSC-D
By: Toth H.B. No. 3603
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of evidence of extraneous offenses or
acts in the prosecution of certain family violence offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.372 to read as follows:
Art. 38.372. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS IN
PROSECUTION OF CERTAIN FAMILY VIOLENCE OFFENSES. (a) This article
applies to a proceeding in the prosecution of a defendant for an
offense, or for an attempt or conspiracy to commit an offense,
under:
(1) Chapter 19, Penal Code, if the victim of the
alleged offense is a person whose relationship to or association
with the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code;
(2) Section 22.01, 22.02, or 22.04, Penal Code, if the
victim of the alleged offense is a person whose relationship to or
association with the defendant is described by Section 71.0021(b),
71.003, or 71.005, Family Code; and
(3) Section 25.11, Penal Code.
(b) Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, evidence of other crimes, wrongs, or acts committed by
the defendant against the person who is the victim of the alleged
offense shall be admitted for its bearing on relevant matters,
including:
(1) the state of mind of the defendant and the victim;
and
(2) the previous and subsequent relationship between
the defendant and the victim.
(c) Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, and subject to Subsection (d), evidence that the
defendant has committed a separate offense described by Subsection
(a) may be admitted in the trial of an alleged offense described by
Subsection (a) for any bearing the evidence has on relevant
matters, including the character of the defendant and acts
performed in conformity with the character of the defendant.
(d) Before evidence described by Subsection (c) may be
introduced, the trial judge must:
(1) determine that the evidence likely to be admitted
at trial will be adequate to support a finding by the jury that the
defendant committed the separate offense beyond a reasonable doubt;
and
(2) conduct a hearing out of the presence of the jury
for that purpose.
(e) The state shall give the defendant notice of the state's
intent to introduce in the case chief evidence described by
Subsection (b) or (c) not later than the 30th day before the date of
the defendant's trial.
(f) This article does not limit the admissibility of
evidence of extraneous crimes, wrongs, or acts under any other
applicable law.
SECTION 2. The change in law made by this Act applies to the
admissibility of evidence in a criminal proceeding that commences
on or after the effective date of this Act. The admissibility of
evidence in 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 3. This Act takes effect September 1, 2025.