Texas 2025 89th Regular

Texas Senate Bill SB1019 Introduced / Analysis

Filed 01/30/2025

Download
.pdf .doc .html
                    BILL ANALYSIS        Senate Research Center   S.B. 1019     89R6393 CJD-F   By: Huffman         Criminal Justice         3/13/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   S.B. 1019 addresses the discrepancy in hearsay statement admissibility between criminal and juvenile proceedings by raising the age limit for an alleged victim to receive support from an outcry witness in juvenile cases, from 12 years of age or younger to 18 years of age or younger. Additionally, the bill explicitly defines "person with a disability" by referencing Section 22.04 of the Penal Code, aligning the definition with "disabled individual."   As proposed, S.B. 1019 amends current law relating to the admissibility of certain hearsay statements in the adjudication of certain sexual or assaultive offenses committed against a child or a person with a disability.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Sections 54.031(a) and (d), Family Code, as follows:   (a) Provides that Section 54.031 (Hearsay Statement of Certain Abuse Victims) applies to a hearing under Title 3 (Juvenile Justice Code) in which a child is alleged to be a delinquent child on the basis of a violation of certain provisions of the Penal Code, if a child 18, rather than 12, years of age or younger or a person with a disability is the alleged victim of the violation.    (d) Redefines "person with a disability."   SECTION 2. Makes application of this Act prospective.    SECTION 3. Effective date: September 1, 2025.

BILL ANALYSIS

Senate Research Center S.B. 1019
89R6393 CJD-F By: Huffman
 Criminal Justice
 3/13/2025
 As Filed



Senate Research Center

S.B. 1019

89R6393 CJD-F

By: Huffman

Criminal Justice

3/13/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 1019 addresses the discrepancy in hearsay statement admissibility between criminal and juvenile proceedings by raising the age limit for an alleged victim to receive support from an outcry witness in juvenile cases, from 12 years of age or younger to 18 years of age or younger. Additionally, the bill explicitly defines "person with a disability" by referencing Section 22.04 of the Penal Code, aligning the definition with "disabled individual."

As proposed, S.B. 1019 amends current law relating to the admissibility of certain hearsay statements in the adjudication of certain sexual or assaultive offenses committed against a child or a person with a disability.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 54.031(a) and (d), Family Code, as follows:

(a) Provides that Section 54.031 (Hearsay Statement of Certain Abuse Victims) applies to a hearing under Title 3 (Juvenile Justice Code) in which a child is alleged to be a delinquent child on the basis of a violation of certain provisions of the Penal Code, if a child 18, rather than 12, years of age or younger or a person with a disability is the alleged victim of the violation.

(d) Redefines "person with a disability."

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.