By:  Schechter                                         H.B. No. 814
       73R1162 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the admissibility of evidence of other crimes, wrongs,
    1-3  or acts committed against a child in certain criminal cases.
    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 38.02 to read as follows:
    1-7        Art. 38.02.  EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS
    1-8        Sec. 1.  This article applies to a proceeding in the
    1-9  prosecution of an offense defined by any of the following sections
   1-10  of the Penal Code if the offense is alleged to have been committed
   1-11  against a child who is under 13 years of age:
   1-12              (1)  Section 21.11 (Indecency with a Child);
   1-13              (2)  Section 22.011 (Sexual Assault);
   1-14              (3)  Section 22.021 (Aggravated Sexual Assault); or
   1-15              (4)  Section 25.02 (Incest).
   1-16        Sec. 2.  In addition to the purposes for which evidence may
   1-17  be admissible under Rule 404(b), Texas Rules of Criminal Evidence,
   1-18  evidence of other crimes, wrongs, or acts committed against the
   1-19  child by the defendant charged with the offense may be admissible
   1-20  to:
   1-21              (1)  show the probability of the offense;
   1-22              (2)  aid in evaluating the child's testimony against
   1-23  the defendant if the defendant is responsible for the child's
   1-24  welfare or is in a position of authority or control over the child;
    2-1              (3)  explain the relationship between the defendant and
    2-2  the child if the defendant denies committing the charged offense or
    2-3  denies the defendant's relationship to the child;
    2-4              (4)  prove the defendant's specific intent to arouse
    2-5  and gratify the defendant's sexual desire in the charged offense;
    2-6              (5)  refute a defensive theory; or
    2-7              (6)  show the defendant's unnatural attention toward
    2-8  the child.
    2-9        Sec. 3.  On timely request by the defendant, the state must
   2-10  give to the defendant reasonable notice in advance of trial of the
   2-11  state's intent to introduce in the case in chief evidence described
   2-12  by Section 2 of this article other than evidence arising in the
   2-13  same transaction.
   2-14        SECTION 2.  (a)  The change in law made by this Act applies
   2-15  only to an offense committed on or after the effective date of this
   2-16  Act.  For purposes of this section, an offense is committed before
   2-17  the effective date of this Act if any element of the offense occurs
   2-18  before the effective date.
   2-19        (b)  An offense committed before the effective date of this
   2-20  Act is covered by the law in effect when the offense was committed,
   2-21  and the former law is continued in effect for this purpose.
   2-22        SECTION 3.  This Act takes effect September 1, 1993.
   2-23        SECTION 4.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency   and   an   imperative   public   necessity   that   the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended.