By:  Patterson                                         S.B. No. 600
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the admissibility into evidence of a recording of an
    1-2  oral statement of a child who is the victim of certain crimes.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (a), Section 5, Article 38.071, Code
    1-5  of Criminal Procedure, is amended to read as follows:
    1-6        (a)  On the motion of the attorney representing the state or
    1-7  the attorney representing the defendant and on a finding by the
    1-8  trial court that the following requirements have been substantially
    1-9  satisfied, the recording of an oral statement of the child made
   1-10  before a complaint has been filed or an indictment returned
   1-11  charging any person with an offense to which this article applies
   1-12  is admissible into evidence if:
   1-13              (1)  no attorney or uniformed peace officer was present
   1-14  when the statement was made;
   1-15              (2)  the recording is both visual and aural and is
   1-16  recorded on film or videotape or by other electronic means;
   1-17              (3)  the recording equipment was capable of making an
   1-18  accurate recording, the operator of the equipment was competent,
   1-19  the quality of the recording is sufficient to allow the court and
   1-20  the finder of fact to assess the demeanor of the child and the
   1-21  interviewer, and the recording is accurate and has not been
   1-22  altered;
   1-23              (4)  the statement was not made in response to
   1-24  questioning calculated to lead the child to make a particular
    2-1  statement;
    2-2              (5)  every voice on the recording is identified;
    2-3              (6)  the person conducting the interview of the child
    2-4  in the recording is expert in the handling, treatment, or <and>
    2-5  investigation of child abuse cases, present at the proceeding,
    2-6  called by the state as part of the state's case in chief to testify
    2-7  at trial, and subject to cross-examination;
    2-8              (7)  immediately after a complaint was filed or an
    2-9  indictment returned charging the defendant with an offense to which
   2-10  this article applies, the attorney representing the state notified
   2-11  the court, the defendant, and the attorney representing the
   2-12  defendant of the existence of the recording and that the recording
   2-13  may be used at the trial of the offense;
   2-14              (8)  the defendant, the attorney for the defendant, and
   2-15  the expert witnesses for the defendant were afforded an opportunity
   2-16  to view the recording before it is offered into evidence and, if a
   2-17  proceeding was requested as provided by Subsection (b) of this
   2-18  section, in a proceeding conducted before a district court judge
   2-19  but outside the presence of the jury were afforded an opportunity
   2-20  to cross-examine the child as provided by Subsection (b) of this
   2-21  section from any time immediately following the filing of the
   2-22  complaint or the returning of an indictment charging the defendant
   2-23  with an offense to which this article applies until the date the
   2-24  trial begins;
   2-25              (9)  the recording of the cross-examination, if there
   2-26  is one, is admissible under Subsection (b) of this section;
   2-27              (10)  before giving his testimony, the child was placed
    3-1  under oath or was otherwise admonished in a manner appropriate to
    3-2  the child's age and maturity to testify truthfully;
    3-3              (11)  the court finds from the recording or through an
    3-4  in camera examination of the child that the child was competent to
    3-5  testify at the time that the recording was made; and
    3-6              (12)  only one continuous recording of the child was
    3-7  made or the necessity for pauses in the recordings or for multiple
    3-8  recordings has been established at trial.
    3-9        SECTION 2.  This Act takes effect September 1, 1993, and
   3-10  applies only to the recording of an oral statement made on or after
   3-11  that date.  An oral statement recorded before the effective date of
   3-12  this Act is governed by the law in effect at the time the statement
   3-13  was recorded and that law is continued in effect for that purpose.
   3-14        SECTION 3.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.