By: Greenberg H.B. No. 237
73R434 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conviction of a defendant on the uncorroborated
1-3 testimony of the victim of a sexual offense or sexual assault.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 38.07, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 38.07. Testimony in Corroboration of Victim of Sexual
1-8 Offense OR SEXUAL ASSAULT. A conviction under Chapter 21, Section
1-9 22.011, or Section 22.021, Penal Code, is supportable on the
1-10 uncorroborated testimony of the victim of the sexual offense if the
1-11 victim informed any person, other than the defendant, of the
1-12 alleged offense within six months after the date on which the
1-13 offense is alleged to have occurred. The requirement that the
1-14 victim inform another person of an alleged offense does not apply
1-15 if the victim was younger than 18 <14> years of age at the time of
1-16 the alleged offense. The court shall instruct the jury that the
1-17 time which lapsed between the alleged offense and the time it was
1-18 reported shall be considered by the jury only for the purpose of
1-19 assessing the weight to be given to the testimony of the victim.
1-20 SECTION 2. (a) The change in law made by this Act applies
1-21 only to a trial for an offense committed on or after the effective
1-22 date of this Act. For purposes of this section, an offense is
1-23 committed before the effective date of this Act if any element of
1-24 the offense occurs before the effective date.
2-1 (b) The trial of an offense committed before the effective
2-2 date of this Act is covered by the law in effect when the offense
2-3 was committed, and the former law is continued in effect for this
2-4 purpose.
2-5 SECTION 3. This Act takes effect September 1, 1993.
2-6 SECTION 4. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.