| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the admissibility of evidence of other similar offenses |
|
|
in the prosecution of certain sexual offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2(b), Article 38.37, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(b) Notwithstanding Rules 404 and 405, Texas Rules of |
|
|
Evidence, and subject to Section 2-b [2-a], evidence that the |
|
|
defendant has committed a separate offense described by Subsection |
|
|
(a)(1) or (2) may be admitted in the trial of an alleged offense |
|
|
described by Subsection (a)(1) or (2) 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. |
|
|
SECTION 2. Article 38.37, Code of Criminal Procedure, is |
|
|
amended by amending Sections 2-a and 3 and adding Section 2-b to |
|
|
read as follows: |
|
|
Sec. 2-a. (a) Subsection (b) applies only to the trial of a |
|
|
defendant for an offense, or an attempt or conspiracy to commit an |
|
|
offense, under Section 22.011 or 22.021, Penal Code. |
|
|
(b) Notwithstanding Rules 404 and 405, Texas Rules of |
|
|
Evidence, and subject to Section 2-b, evidence that the defendant |
|
|
has committed two or more separate offenses described by Subsection |
|
|
(a) may be admitted in the trial of an alleged offense described by |
|
|
that subsection 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. |
|
|
Sec. 2-b. Before evidence described by Section 2 or 2-a 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 beyond a reasonable doubt a [the] separate |
|
|
offense as provided by the applicable section [beyond a reasonable
|
|
|
doubt]; and |
|
|
(2) conduct a hearing out of the presence of the jury |
|
|
for that purpose. |
|
|
Sec. 3. The state shall give the defendant notice of the |
|
|
state's intent to introduce in the case in chief evidence described |
|
|
by Section 1, [or] 2, or 2-a not later than the 30th day before the |
|
|
date of the defendant's trial. |
|
|
SECTION 3. 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 when the |
|
|
proceeding commenced, and the former law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |