| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to evidence in prosecutions of trafficking or certain |
|
|
sexual 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 IN PROSECUTION OF TRAFFICKING OR |
|
|
SEXUAL OFFENSE. (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 any of the following |
|
|
provisions of the Penal Code: |
|
|
(1) Chapter 20A (Trafficking of Persons); |
|
|
(2) Section 22.011 (Sexual Assault); |
|
|
(3) Section 22.021 (Aggravated Sexual Assault); |
|
|
(4) Section 43.03 (Promotion of Prostitution); |
|
|
(5) Section 43.031 (Online Promotion of |
|
|
Prostitution); |
|
|
(6) Section 43.04 (Aggravated Promotion of |
|
|
Prostitution); |
|
|
(7) Section 43.041 (Aggravated Online Promotion of |
|
|
Prostitution); or |
|
|
(8) Section 43.05 (Compelling Prostitution). |
|
|
(b) In the prosecution of an offense described by Subsection |
|
|
(a), subject to the Texas Rules of Evidence or other applicable law, |
|
|
each party may offer testimony or other evidence of all relevant |
|
|
facts and circumstances that would assist the trier of fact in |
|
|
determining whether the actor committed the offense described by |
|
|
Subsection (a), including testimony or evidence regarding the |
|
|
nature of the relationship between the actor and the alleged |
|
|
victim. |
|
|
(c) This article does not permit the presentation of |
|
|
character evidence that would otherwise be inadmissible under the |
|
|
Texas Rules of Evidence or other applicable law. |
|
|
SECTION 2. The change in law made by this Act applies 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 when the |
|
|
proceeding commenced, and the former law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |