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.