73R1582 NSC-D
By Schechter H.B. No. 544
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the testimony in a civil or criminal case of a witness
1-3 who is a victim of child abuse.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 38, Code of Criminal Procedure, is
1-6 amended by adding Article 38.073 to read as follows:
1-7 Art. 38.073. TESTIMONY OF VICTIM OF CHILD ABUSE. (a) A
1-8 party in a criminal case may not examine a witness who is a victim
1-9 of child abuse about the abuse unless the court determines through
1-10 an in camera examination of the witness that the testimony of the
1-11 witness about the abuse is admissible as evidence.
1-12 (b) In this section, "abuse" has the meaning assigned by
1-13 Section 34.012, Family Code.
1-14 SECTION 2. Chapter 18, Civil Practice and Remedies Code, is
1-15 amended by adding Subchapter C to read as follows:
1-16 SUBCHAPTER C. EVIDENCE OF CHILD ABUSE
1-17 Sec. 18.051. TESTIMONY OF VICTIM OF CHILD ABUSE. (a) A
1-18 party in a civil case may not examine a witness who is a victim of
1-19 child abuse about the abuse unless the court determines through an
1-20 in camera examination of the witness that the testimony of the
1-21 witness about the abuse is admissible as evidence.
1-22 (b) In this section, "abuse" has the meaning assigned by
1-23 Section 34.012, Family Code.
1-24 SECTION 3. This Act takes effect September 1, 1993.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.
2-6 COMMITTEE AMENDMENT NO. 1
2-7 Amend House Bill 544 on page 1 by deleting Section 1 on lines
2-8 5 through 13 and renumbering the subsequent sections accordingly.
2-9 Zbranek