BILL ANALYSIS S.B. 128 By: Montcrief (Greenberg) 3-28-95 Committee Report (Unamended) 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, SB 128 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. SB 128 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 (Section 41.110(b). SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 23.03, Code of Criminal Procedure, by adding Subsection (d), to set forth the required language of a summons which is to be stated clearly and prominently in both English and Spanish. SECTION 2. 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 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. 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 6. Disapproves Rule 504(2)(b)(1), Texas Rules of Criminal Evidence (Privilege not to be called as a witness against spouse). SECTION 7. Effective date: September 1, 1995. SECTION 8. Emergency clause. SUMMARY OF COMMITTEE ACTION On March 28, 1995, the full committee considered SB 128 in a formal meeting. SB 128 was reported favorably, without amendment, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, and 1 absent.