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
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   2-12  Name:  Lee Ann Breading                          x
   2-13  Representing:  Denton Co DA
   2-14  City:  Denton
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   2-16  Name:  Knox Fitzpatrick                          x
   2-17  Representing:  Dallas DA
   2-18  City:  Dallas
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   2-20  Name:  Lacey Sloan                               x
   2-21  Representing:  Tx Assoc Ag. Sex. Assault
   2-22  City:  Austin
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   2-24  Name:  John Schneider                            x
   2-25  Representing:  Tx PTA
   2-26  City:  Austin
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   2-28  Name:  Sandy Kibby                               x
   2-29  Representing:  Tx PTA
   2-30  City:  Austin
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   2-32  Name:  John Boston                                       x
   2-33  Representing:  Tx Criminal Defense Lawyers
   2-34  City:  Austin
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   2-36  Name:  K. C. Anderson                                    x
   2-37  Representing:  Tx Criminal Defense Lawyers
   2-38  City:  Austin
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