By: Giddings H.B. No. 2207
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the testimony of a child in a child abuse case.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 11, Family Code, is amended
1-5 by adding Section 11.211 to read as follows:
1-6 Sec. 11.211. HEARSAY STATEMENTS IN CHILD ABUSE CASES. (a)
1-7 This section applies only to a proceeding affecting the
1-8 parent-child relationship, including a proceeding under Title 2, 3,
1-9 or 4 of this code, in which a child 12 years of age or younger is
1-10 alleged to have been abused.
1-11 (b) This section applies only to statements that describe
1-12 alleged abuse that:
1-13 (1) were made by the child against whom the abuse was
1-14 allegedly committed or by a child who allegedly observed another
1-15 child being abused; and
1-16 (2) were made to the first person 18 years of age or
1-17 older, other than the defendant, to whom the child made a statement
1-18 about the abuse.
1-19 (c) A statement that meets the requirements of Subsections
1-20 (a) and (b) of this section is not inadmissible because of the
1-21 hearsay rule if:
1-22 (1) on or before the 14th day before the proceeding
1-23 begins, the party intending to offer the statement:
1-24 (A) notifies each other party of its intention
2-1 to do so;
2-2 (B) provides each other party with the name of
2-3 the witness through whom it intends to offer the statement; and
2-4 (C) provides each other party with a written
2-5 summary of the statement; and
2-6 (2) the trial court finds, in a hearing outside the
2-7 presence of the jury, that the statement is reliable based on the
2-8 time, content, and circumstances of the statement.
2-9 SECTION 2. Section 2, Article 38.072, Code of Criminal
2-10 Procedure, is amended to read as follows:
2-11 Sec. 2. (a) This article applies only to statements that
2-12 describe the alleged offense that:
2-13 (1) were made by the child against whom the offense
2-14 was allegedly committed or a child who witnessed the alleged
2-15 offense; and
2-16 (2) were made to the first person, 18 years of age or
2-17 older, other than the defendant, to whom the child made a statement
2-18 about the offense.
2-19 (b) A statement that meets the requirements of Subsection
2-20 (a) of this article is not inadmissible because of the hearsay rule
2-22 (1) on or before the 14th day before the date the
2-23 proceeding begins, the party intending to offer the statement:
2-24 (A) notifies the adverse party of its intention
2-25 to do so;
2-26 (B) provides the adverse party with the name of
2-27 the witness through whom it intends to offer the statement; and
3-1 (C) provides the adverse party with a written
3-2 summary of the statement; and
3-3 (2) the trial court finds, in a hearing conducted
3-4 outside the presence of the jury, that the statement is reliable
3-5 based on the time, content, and circumstances of the statement<
3-7 < (3) the child testifies or is available to testify at
3-8 the proceeding in court or in any other manner provided by law>.
3-9 SECTION 3. Section 54.031, Family Code, is repealed.
3-10 SECTION 4. This Act takes effect September 1, 1993.
3-11 SECTION 5. (a) Section 1 of this Act applies only to a
3-12 proceeding affecting the parent-child relationship initiated on or
3-13 after the effective date of this Act. A proceeding affecting the
3-14 parent-child relationship initiated before the effective date of
3-15 this Act is governed by the law in effect at the time the
3-16 proceeding was initiated, and the former law is continued in effect
3-17 for that purpose.
3-18 (b) Section 2 of this Act applies only to an offense
3-19 committed on or after the effective date of this Act. For purposes
3-20 of this section, an offense is committed before the effective date
3-21 of this Act if any element of the offense occurs before the
3-22 effective date.
3-23 (c) An offense committed before the effective date of this
3-24 Act is covered by the law in effect at the time the offense was
3-25 committed, and the former law is continued in effect for that
3-27 SECTION 6. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.