By:  Sibley                                            S.B. No. 147
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the admissibility of evidence of other crimes, wrongs,
    1-2  or acts committed against a child in certain criminal cases.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 38, Code of Criminal Procedure, is
    1-5  amended by adding Article 38.02 to read as follows:
    1-6        Art. 38.02.  EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS
    1-7        Sec. 1.  This article applies to a proceeding in the
    1-8  prosecution of an offense defined by any of the following sections
    1-9  of the Penal Code if the offense is alleged to have been committed
   1-10  against a child who is under 13 years of age:
   1-11              (1)  Section 21.11 (Indecency with a Child);
   1-12              (2)  Section 22.011 (Sexual Assault);
   1-13              (3)  Section 22.021 (Aggravated Sexual Assault); or
   1-14              (4)  Section 43.25 (Sexual Performance by a Child).
   1-15        Sec. 2.  In addition to the purposes for which evidence may
   1-16  be offered under Rule 404(b), Texas Rules of Criminal Evidence, the
   1-17  state or defendant may offer testimony relating to the facts and
   1-18  circumstances surrounding the previous relationship between the
   1-19  child and the defendant, including evidence of other acts of sexual
   1-20  conduct that occurred between the child and the defendant so long
   1-21  as that evidence is relevant to a material issue in the case.
   1-22        Sec. 3.  On timely request by the defendant, the state must
   1-23  give to the defendant reasonable notice in advance of trial of the
   1-24  state's intent to introduce evidence described by Section 2 of this
    2-1  article other than evidence arising on or about the date of the
    2-2  offense for which the defendant has been charged.
    2-3        SECTION 2.  (a)  The change in law made by this Act applies
    2-4  only to an offense committed on or after the effective date of this
    2-5  Act.  For purposes of this section, an offense is committed before
    2-6  the effective date of this Act if any element of the offense occurs
    2-7  before the effective date.
    2-8        (b)  An offense committed before the effective date of this
    2-9  Act is covered by the law in effect when the offense was committed,
   2-10  and the former law is continued in effect for that purpose.
   2-11        SECTION 3.  This Act takes effect September 1, 1993.
   2-12        SECTION 4.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.