1-1 By: Place (Senate Sponsor - Wentworth) H.B. No. 261
1-2 (In the Senate - Received from the House March 17, 1993;
1-3 March 18, 1993, read first time and referred to Committee on
1-4 Criminal Justice; May 4, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 May 4, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 261 By: Sibley
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the requirement of corroboration of testimony in the
1-20 prosecution of certain offenses.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Article 38.07, Code of Criminal Procedure, is
1-23 amended to read as follows:
1-24 Art. 38.07. TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL
1-25 OFFENSE. A conviction under Chapter 21, Section 22.011, or Section
1-26 22.021, Penal Code, is supportable on the uncorroborated testimony
1-27 of the victim of the sexual offense if the victim informed any
1-28 person, other than the defendant, of the alleged offense within one
1-29 year <six months> after the date on which the offense is alleged to
1-30 have occurred. The requirement that the victim inform another
1-31 person of an alleged offense does not apply if the victim was
1-32 younger than 18 <14> years of age at the time of the alleged
1-33 offense. <The court shall instruct the jury that the time which
1-34 lapsed between the alleged offense and the time it was reported
1-35 shall be considered by the jury only for the purpose of assessing
1-36 the weight to be given to the testimony of the victim.>
1-37 SECTION 2. The importance of this legislation and the
1-38 crowded condition of the calendars in both houses create an
1-39 emergency and an imperative public necessity that the
1-40 constitutional rule requiring bills to be read on three several
1-41 days in each house be suspended, and this rule is hereby suspended,
1-42 and that this Act take effect and be in force from and after its
1-43 passage, and it is so enacted.
1-44 * * * * *
1-45 Austin,
1-46 Texas
1-47 May 4, 1993
1-48 Hon. Bob Bullock
1-49 President of the Senate
1-50 Sir:
1-51 We, your Committee on Criminal Justice to which was referred H.B.
1-52 No. 261, have had the same under consideration, and I am instructed
1-53 to report it back to the Senate with the recommendation that it do
1-54 not pass, but that the Committee Substitute adopted in lieu thereof
1-55 do pass and be printed.
1-56 Whitmire,
1-57 Chairman
1-58 * * * * *
1-59 WITNESSES
1-60 FOR AGAINST ON
1-61 ___________________________________________________________________
1-62 Name: Rhonda Cates x
1-63 Representing: Tx Council on Family Violence
1-64 City: Austin
1-65 -------------------------------------------------------------------
1-66 Name: Shannon Noble x
1-67 Representing: Tx Women's Political Caucus
1-68 City: Austin
2-1 -------------------------------------------------------------------
2-2 Name: Grant Hartline x
2-3 Representing: Tx Association Ag. Sex. Assau
2-4 City: Austin
2-5 -------------------------------------------------------------------
2-6 Name: Donnie Coleman x
2-7 Representing: 198th District Attorney's Off
2-8 City: Junction
2-9 -------------------------------------------------------------------
2-10 Name: G.K. Sprinkle x
2-11 Representing: Tx Assoc Ag Sexual Assault
2-12 City: Austin
2-13 -------------------------------------------------------------------
2-14 Name: Danny Hill x
2-15 Representing: TDCAA
2-16 City: Amarillo
2-17 -------------------------------------------------------------------
2-18 Name: Lon Curtis x
2-19 Representing: TDCAA
2-20 City: Belton
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