TX
Texas House Bill HB394

Texas 2025 - 89th Regular

Texas House Bill HB394

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the admissibility of certain hearsay statements in the prosecution of certain sexual or assaultive offenses committed against a child or person with a disability.

Impact

If enacted, the changes introduced by HB 394 will apply to criminal proceedings that begin on or after its effective date, set for September 1, 2025. Criminal proceedings initiated before this date will still adhere to the previously established legal standards. This transition signifies a pivotal shift towards accommodating the unique challenges faced by minors and individuals with disabilities in criminal cases, which may bolster their capacity to provide critical evidence without the burden of age-related restrictions.

Summary

House Bill 394 focuses on amending the admissibility criteria of hearsay statements in the prosecution of sexual or assaultive offenses, specifically those committed against children or individuals with disabilities. The bill proposes a change to Article 38.072 of the Texas Code of Criminal Procedure, allowing an individual's statement to be admissible in court without restrictions on their age at the time the statement was made. This modification aims to strengthen the evidentiary foundation in cases of sensitive nature, enhancing the protection and support for vulnerable populations in the judicial process.

Contention

The legal and social implications of HB 394 could evoke varied perspectives among stakeholders. Proponents of the bill may argue that it provides necessary reforms that prioritize the welfare of vulnerable victims by allowing their voices to be heard more easily in court. However, opponents may raise concerns regarding the potential for misapplication of hearsay evidence and how improperly weighted statements could influence proceedings. Detailed discussions on the implications of these changes are anticipated as the bill progresses through the legislative process.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 38. Evidence In Criminal Actions
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB1975

Relating to increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.

TX HB1940

Relating to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of sexual assault or aggravated sexual assault or an attempt or conspiracy to commit sexual assault or aggravated sexual assault.

TX HB505

Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.

TX SB1010

Relating to requiring the denial of bail to a person accused of committing certain trafficking or sexual offenses against a child while released on bail for committing a similar offense.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB1769

Relating to the statute of limitations for certain offenses committed against children.

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX SB2563

Relating to the admissibility of certain evidence against a defendant in a criminal case.

TX HB4675

Relating to the prosecution of the offenses of indecency with a child and sexual assault and to a child safety zone applicable to a person on community supervision, parole, or mandatory supervision for certain sexual offenses.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

Similar Bills

No similar bills found.