1-1  By:  Patterson                                         S.B. No. 600
    1-2        (In the Senate - Filed March 3, 1993; March 4, 1993, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  April 28, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 0; April 28, 1993,
    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. 600                   By:  Turner
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the admissibility into evidence of a recording of an
   1-20  oral statement of a child who is the victim of certain crimes.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Subsection (a), Section 5, Article 38.071, Code
   1-23  of Criminal Procedure, is amended to read as follows:
   1-24        (a)  On the motion of the attorney representing the state or
   1-25  the attorney representing the defendant and on a finding by the
   1-26  trial court that the following requirements have been substantially
   1-27  satisfied, the recording of an oral statement of the child made
   1-28  before a complaint has been filed or an indictment returned
   1-29  charging any person with an offense to which this article applies
   1-30  is admissible into evidence if:
   1-31              (1)  no attorney or uniformed peace officer was present
   1-32  when the statement was made;
   1-33              (2)  the recording is both visual and aural and is
   1-34  recorded on film or videotape or by other electronic means;
   1-35              (3)  the recording equipment was capable of making an
   1-36  accurate recording, the operator of the equipment was competent,
   1-37  the quality of the recording is sufficient to allow the court and
   1-38  the finder of fact to assess the demeanor of the child and the
   1-39  interviewer, and the recording is accurate and has not been
   1-40  altered;
   1-41              (4)  the statement was not made in response to
   1-42  questioning calculated to lead the child to make a particular
   1-43  statement;
   1-44              (5)  every voice on the recording is identified;
   1-45              (6)  the person conducting the interview of the child
   1-46  in the recording is expert in the handling, treatment, or <and>
   1-47  investigation of child abuse cases, present at the proceeding,
   1-48  called by the state as part of the state's case in chief to testify
   1-49  at trial, and subject to cross-examination;
   1-50              (7)  immediately after a complaint was filed or an
   1-51  indictment returned charging the defendant with an offense to which
   1-52  this article applies, the attorney representing the state notified
   1-53  the court, the defendant, and the attorney representing the
   1-54  defendant of the existence of the recording and that the recording
   1-55  may be used at the trial of the offense;
   1-56              (8)  the defendant, the attorney for the defendant, and
   1-57  the expert witnesses for the defendant were afforded an opportunity
   1-58  to view the recording before it is offered into evidence and, if a
   1-59  proceeding was requested as provided by Subsection (b) of this
   1-60  section, in a proceeding conducted before a district court judge
   1-61  but outside the presence of the jury were afforded an opportunity
   1-62  to cross-examine the child as provided by Subsection (b) of this
   1-63  section from any time immediately following the filing of the
   1-64  complaint or the returning of an indictment charging the defendant
   1-65  with an offense to which this article applies until the date the
   1-66  trial begins;
   1-67              (9)  the recording of the cross-examination, if there
   1-68  is one, is admissible under Subsection (b) of this section;
    2-1              (10)  before giving his testimony, the child was placed
    2-2  under oath or was otherwise admonished in a manner appropriate to
    2-3  the child's age and maturity to testify truthfully;
    2-4              (11)  the court finds from the recording or through an
    2-5  in camera examination of the child that the child was competent to
    2-6  testify at the time that the recording was made; and
    2-7              (12)  only one continuous recording of the child was
    2-8  made or the necessity for pauses in the recordings or for multiple
    2-9  recordings has been established at trial.
   2-10        SECTION 2.  This Act takes effect September 1, 1993, and
   2-11  applies only to the recording of an oral statement made on or after
   2-12  that date.  An oral statement recorded before the effective date of
   2-13  this Act is governed by the law in effect at the time the statement
   2-14  was recorded and that law is continued in effect for that purpose.
   2-15        SECTION 3.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.
   2-20                               * * * * *
   2-21                                                         Austin,
   2-22  Texas
   2-23                                                         April 28, 1993
   2-24  Hon. Bob Bullock
   2-25  President of the Senate
   2-26  Sir:
   2-27  We, your Committee on Criminal Justice to which was referred S.B.
   2-28  No. 600, have had the same under consideration, and I am instructed
   2-29  to report it back to the Senate with the recommendation that it do
   2-30  not pass, but that the Committee Substitute adopted in lieu thereof
   2-31  do pass and be printed.
   2-32                                                         Whitmire,
   2-33  Chairman
   2-34                               * * * * *
   2-35                               WITNESSES
   2-36                                                  FOR   AGAINST  ON
   2-37  ___________________________________________________________________
   2-38  Name:  John Boston                                       x
   2-39  Representing:  TCDLA
   2-40  City:  Austin
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   2-42  Name:  Dwayne Pruitt                                           x
   2-43  Representing:  TDCAA
   2-44  City:  Brownfield
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