By: Wentworth S.B. No. 949
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the corroboration of testimony by the victim of sexual
1-2 assault.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 38, Code of Criminal Procedure, amended
1-5 by changing Article 38.07 to read as follows:
1-6 ART. 38.07 TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL
1-7 OFFENSE. A conviction under Chapter 21, Section 22.011, or
1-8 Section 22.021, Penal Code, is supportable on the uncorroborated
1-9 testimony of the victim of the sexual offense if the victim
1-10 informed any person, other than the defendant, of the alleged
1-11 offense within six months after the date on which the offense is
1-12 alleged to have occurred. The requirement that the victim inform
1-13 another person of an alleged offense does not apply if the victim
1-14 was younger than <14> 17 years of age at the time of the alleged
1-15 offense. The court shall instruct the jury that the time which
1-16 lapsed between the alleged offense and the time it was reported
1-17 shall be considered by the jury only for the purpose of assessing
1-18 the weight to be given to the testimony of the victim.
1-19 SECTION 2. (a) The change in law made by this Act applies
1-20 only to an offense committed on or after the effective date of this
1-21 Act. For purposes of this section, an offense is committed before
1-22 the effective date of this Act if any element of the offense occurs
1-23 before the effective date.
2-1 (b) An offense committed before the effective date of this
2-2 Act is covered by the law in effect when the offense was committed
2-3 and the former law is continued in effect for this purpose.
2-4 SECTION 3. This Act takes effect September 1, 1993.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.