89R8299 LHC-F
By: Cook H.B. No. 4342
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(a), Article 38.072, Code of Criminal
Procedure, as amended by Chapters 284 (S.B. 643) and 710 (H.B.
2846), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted and amended to read as follows:
(a) This article applies only to statements that:
(1) describe:
(A) the alleged offense; or
(B) [if the statement is offered during the
punishment phase of the proceeding,] a crime, wrong, or act other
than the alleged offense that is:
(i) described by Section 1;
(ii) allegedly committed by the defendant
against the child or person with a disability who is the victim of
the offense or against another person who is a child younger than 18
[14] years of age or a person with a disability; and
(iii) otherwise admissible as evidence
under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or
another law or rule of evidence of this state;
(2) were made by the child or person with a disability
against whom the charged offense or extraneous crime, wrong, or act
was allegedly committed; and
(3) were made to the first person, 18 years of age or
older, other than the defendant, to whom the child or person with a
disability made a statement about the offense or extraneous crime,
wrong, or act.
SECTION 2. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. 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.