1-1 By: Sibley S.B. No. 147
1-2 (In the Senate - Filed January 20, 1993; January 21, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 16, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 16, 1992,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 147 By: Sibley
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the admissibility of evidence of other crimes, wrongs,
1-20 or acts committed against a child in certain criminal cases.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 38, Code of Criminal Procedure, is
1-23 amended by adding Article 38.02 to read as follows:
1-24 Art. 38.02. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS
1-25 Sec. 1. This article applies to a proceeding in the
1-26 prosecution of an offense defined by any of the following sections
1-27 of the Penal Code if the offense is alleged to have been committed
1-28 against a child who is under 13 years of age:
1-29 (1) Section 21.11 (Indecency with a Child);
1-30 (2) Section 22.011 (Sexual Assault);
1-31 (3) Section 22.021 (Aggravated Sexual Assault); or
1-32 (4) Section 43.25 (Sexual Performance by a Child).
1-33 Sec. 2. In addition to the purposes for which evidence may
1-34 be offered under Rule 404(b), Texas Rules of Criminal Evidence, the
1-35 state or defendant may offer testimony relating to the facts and
1-36 circumstances surrounding the previous relationship between the
1-37 child and the defendant, including evidence of other acts of sexual
1-38 conduct that occurred between the child and the defendant.
1-39 Sec. 3. On timely request by the defendant, the state must
1-40 give to the defendant reasonable notice in advance of trial of the
1-41 state's intent to introduce in the case in chief evidence described
1-42 by Section 2 of this article other than evidence arising in the
1-43 same transaction.
1-44 SECTION 2. (a) The change in law made by this Act applies
1-45 only to an offense committed on or after the effective date of this
1-46 Act. For purposes of this section, an offense is committed before
1-47 the effective date of this Act if any element of the offense occurs
1-48 before the effective date.
1-49 (b) An offense committed before the effective date of this
1-50 Act is covered by the law in effect when the offense was committed,
1-51 and the former law is continued in effect for that purpose.
1-52 SECTION 3. This Act takes effect September 1, 1993.
1-53 SECTION 4. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *
1-59 Austin,
1-60 Texas
1-61 March 16 1993
1-62 Hon. Bob Bullock
1-63 President of the Senate
1-64 Sir:
1-65 We, your Committee on Criminal Justice to which was referred S.B.
1-66 No. 147, have had the same under consideration, and I am instructed
1-67 to report it back to the Senate with the recommendation that it do
1-68 not pass, but that the Committee Substitute adopted in lieu thereof
2-1 do 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: John Boston x
2-9 Representing: Tx Criminal Defense Lawyers
2-10 City: Austin
2-11 -------------------------------------------------------------------
2-12 Name: Lacey Sloan x
2-13 Representing: Tx Assoc Against Sex.
2-14 Assault
2-15 City: Austin
2-16 -------------------------------------------------------------------
2-17 Name: Chris Elliott x
2-18 Representing: Tx Crim. Def Lawyers Assoc
2-19 City: Austin
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