By:  Schechter                                         H.B. No. 544
       73R1582 NSC-D
                                 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.