1-1 By: Sibley S.B. No. 40
1-2 (In the Senate - Filed November 24, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 16, 1993, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 16, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the hearsay statement of a child abuse victim.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Subsection (b), Section 2, Article 38.072, Code
1-20 of Criminal Procedure, is amended to read as follows:
1-21 (b) A statement that meets the requirements of Subsection
1-22 (a) of this article is not inadmissible because of the hearsay rule
1-23 if:
1-24 (1) on or before the 14th day before the date the
1-25 proceeding begins, the party intending to offer the statement:
1-26 (A) notifies the adverse party of its intention
1-27 to do so;
1-28 (B) provides the adverse party with the name of
1-29 the witness through whom it intends to offer the statement; and
1-30 (C) provides the adverse party with a written
1-31 summary of the statement; and
1-32 (2) the trial court finds, in a hearing conducted
1-33 outside the presence of the jury, that the statement is reliable
1-34 based on the time, content, and circumstances of the statement<;>
1-35 and:
1-36 (A) <(3)> the child testifies <or is available
1-37 to testify> at the proceeding in court or in any other manner
1-38 provided by law; or
1-39 (B) the party intending to offer the statement
1-40 shows at the hearing that admitting the statement into evidence
1-41 without requiring the child to testify is necessary to protect the
1-42 welfare of the child.
1-43 SECTION 2. (a) The change in law made by this Act applies
1-44 only to a proceeding in the prosecution of an offense committed on
1-45 or after the effective date of this Act. For purposes of this
1-46 section, an offense is committed before the effective date of this
1-47 Act if any element of the offense occurs before the effective date
1-48 of this Act.
1-49 (b) A proceeding in the prosecution of an offense committed
1-50 before the effective date of this Act is covered by the law in
1-51 effect when the offense was committed, and the former law is
1-52 continued in effect for this purpose.
1-53 SECTION 3. This Act takes effect September 1, 1993.
1-54 SECTION 4. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended.
1-59 * * * * *
1-60 Austin,
1-61 Texas
1-62 March 16, 1993
1-63 Hon. Bob Bullock
1-64 President of the Senate
1-65 Sir:
1-66 We, your Committee on Criminal Justice to which was referred S.B.
1-67 No. 40, have had the same under consideration, and I am instructed
1-68 to report it back to the Senate with the recommendation that it do
2-1 pass and be printed.
2-2 Whitmire,
2-3 Chairman
2-4 * * * * *
2-5 WITNESSES
2-6 FOR AGAINST ON
2-7 ___________________________________________________________________
2-8 Name: Dan Mosley x
2-9 Representing: McLenna Co DA Office
2-10 City: Waco
2-11 -------------------------------------------------------------------
2-12 Name: Lee Ann Breading x
2-13 Representing: Denton Co DA
2-14 City: Denton
2-15 -------------------------------------------------------------------
2-16 Name: Knox Fitzpatrick x
2-17 Representing: Dallas DA
2-18 City: Dallas
2-19 -------------------------------------------------------------------
2-20 Name: Lacey Sloan x
2-21 Representing: Tx Assoc Ag. Sex. Assault
2-22 City: Austin
2-23 -------------------------------------------------------------------
2-24 Name: John Schneider x
2-25 Representing: Tx PTA
2-26 City: Austin
2-27 -------------------------------------------------------------------
2-28 Name: Sandy Kibby x
2-29 Representing: Tx PTA
2-30 City: Austin
2-31 -------------------------------------------------------------------
2-32 Name: John Boston x
2-33 Representing: Tx Criminal Defense Lawyers
2-34 City: Austin
2-35 -------------------------------------------------------------------
2-36 Name: K. C. Anderson x
2-37 Representing: Tx Criminal Defense Lawyers
2-38 City: Austin
2-39 -------------------------------------------------------------------