BILL ANALYSIS C.S.H.B. 35 By: Greenberg 3-20-95 Committee Report (Substituted) BACKGROUND Victims of domestic violence are often the only witnesses to the violence. Because of this, when a victim chooses not to testify in a criminal proceeding, he or she may unintentionally weaken the case against the perpetrator, and the case may be dismissed due to lack of evidence. Some believe that victims of domestic violence are in relationships with unequal power structures and if given a choice of whether or not to testify, the victim may be coerced by the abuser into not testifying against the abuser. Prosecutors are given little training in handling family violence cases. Many prosecutors do not know what is within their rights to ask potential witnesses in settling these cases. If additional training were required, prosecutors would perhaps be able to resolve family violence cases more efficiently and effectively. PURPOSE If enacted, C.S.H.B. 35 would remove a person's privilege not to be called as a witness for the state against the person's spouse. This applies to cases in which the crime is against the person, a minor child, or member of the household of either spouse. C.S.H.B. 35 would also provide warnings on summons regarding coercing a witness to testify falsely or withhold testimony; and would mandate training for prosecutors in handling family violence cases. RULEMAKING AUTHORITY It is the committee's opinion that this bill delegates rulemaking authority to the Court of Criminal Appeals under SECTION 4 and SECTION 6. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 38, Code of Criminal Procedure (EVIDENCE IN CRIMINAL ACTIONS), by adding Article 38.10 as follows: Art. 38.10. EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY PRIVILEGE. Provides that the privilege of a person's spouse not to be called as a witness for the state does not apply in any proceeding in which the person is charged with a crime against the spouse, a minor child, or member of the household of either spouse. SECTION 2. Amends Article 23.03, Code of Criminal Procedure (Capias or Summons in Felony), by adding Subsection (d) as follows: (d) requires a summons issued to any person to state that it is a felony for a person to influence or coerce a witness intentionally to testify falsely or to harm or threaten a witness because of testimony that the witness might give. SECTION 3. Amends Section 23.101(a), Government Code (Primary Priorities), by giving preference in the court's setting hearings and trials to criminal actions involving a charge of family violence, as defined by Section 71.01, Family Code. SECTION 4. Amends Subchapter B, Chapter 41, Government Code (STAFF OF PROSECUTING ATTORNEY), by adding Section 41.110 as follows: Sec. 41.110. TRAINING RELATED TO FAMILY VIOLENCE. Requires the Court of Criminal Appeals to adopt rules regarding the training of prosecutors relating to cases involving a charge of family violence. SECTION 5. Disapproves Rule 504(2)(b)(1), Texas Rules of Criminal Evidence (Privilege not to be called as a witness against spouse). SECTION 6. Requires the Court of Criminal Appeals to adopt the rules required by Section 41.110, Government Code, as added by this Act, no later than January 1, 1996. SECTION 7. Effective date: September 1, 1995. SECTION 8. Emergency clause. COMPARISON OF SUBSTITUTE TO ORIGINAL SECTION 2 amends Article 23.03, Code of Criminal Procedure, by adding Subsection (d) as follows: requires a summons issued to any person for a felony to include a statement regarding the nature of an offense to influence or coerce a witness to testify falsely or withhold testimony or to harm or threaten to harm a witness or potential witness because of testimony given in a family violence case. SECTION 3 amends Section 23.101(a), Government Code, by giving preference in the court's setting hearings and trials to criminal actions involving a charge of family violence, as defined by Section 71.01, Family Code. SECTION 4 amends Subchapter B, Chapter 41, Government Code (STAFF OF PROSECUTING ATTORNEY), by adding Section 41.110 as follows: TRAINING RELATED TO FAMILY VIOLENCE. Requires the Court of Criminal Appeals to adopt rules regarding the training of prosecutors relating to cases involving a charge of family violence. SECTION 6 requires the Court of Criminal Appeals to adopt the rules required by Section 41.110, Government Code, as added by this Act, no later than January 1, 1996. SUMMARY OF COMMITTEE ACTION On February 27, 1995, H.B. 35 was considered in a public hearing. The following persons testified in favor of the bill: Cindy Merrill, Assistant Harris County Prosecutor, representing herself; Debbie S. Holmes, representing herself; Lt. John Silva, Houston Police Dept, representing the City of Houston, Mayor Bob Lanier, and Police Chief Sam Nuchia; Alyson K. Minter, representing the Travis County Attorney's Office; Hannah Riddering, representing the Texas National Organization for Women; and Shannon Noble, representing the Texas Women's Political Caucus. The following persons testified on the bill: Deborah D. Tucker, representing the Texas Council on Family Violence. Vicki Isaacks, representing John Vance, Criminal District Attorney, Dallas County; The following persons testified against the bill: Keith Hampton, representing the Texas Criminal Defense Lawyers Association; Laurie Blackburn, representing herself; Jeanette Kinard, representing herself; and Lisa DeLong, representing herself. H.B. 35 was left pending in committee. On March 20, 1995, H.B. 35 was considered in a public hearing. At that hearing a complete committee substitute was offered by Rep. Greenberg. The substitute for H.B. 35 was adopted. H.B. 35 was reported favorably, as substituted, with the recommendation that it do pass and be printed, by a record vote of 9 ayes, 0 nays, 0 pnv, and 0 absent.