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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