By:  Rosson                                            S.B. No. 478
       73R3902 JMM-F
                                 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
   2-21  if:
   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<;
    3-6  and>
    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
   3-26  purpose.
   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.