BILL ANALYSIS


                                                     C.S.S.B. 128
                                                     By: Moncrief
                                                 Criminal Justice
                                                         03-08-95
                                   Committee Report (Substituted)

BACKGROUND

Victims of domestic violence are often the only witnesses to the
violence.  As such, when a victim chooses not to testify, the cases
are usually dismissed because of 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.

PURPOSE

As proposed, C.S.S.B. 128 removes a person's privilege to not be
called as a witness for the state against the person's spouse if
the crime is against the person, a minor child, or member of the
household of either spouse.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Court of Criminal Appeals in SECTION 4 (Section 41.110(b),
Government Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 23.03, Code of Criminal Procedure, by
adding Subsection (d), to sets 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, 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 a member of the
     household of either spouse.
     
     SECTION 3.     Amends Subsection 23.101(a), Government Code, to require
the trial courts to regularly and frequently set hearings and
trials of pending matters, giving preference to hearings and trials
of temporary injunctions and criminal actions with some specified
criminal actions taking preference over others.

SECTION 4. Amends Chapter 41B, Government Code, by adding Section
41.110, as follows:

     Sec. 41.110.  TRAINING RELATED TO EXAMINATION OF RELUCTANT OR
     HOSTILE WITNESSES.  (a)  Requires each prosecuting attorney
     who handles cases of family violence to receive training
     related to the examination of a reluctant or hostile witness
     with emphasis on the examination of a witness who may testify
     in a case involving a charge that a person committed an act of
     family violence as defined by Section 71.01, Family Code.
     
     (b)  Requires the court of criminal appeals to adopt rules
       necessary to accomplish the purposes of this section. 
       Authorizes the court to consult with professional groups and
       associations in the state that have expertise in the subject
       matter to obtain the recommendations of those groups or
       associations for instruction content.

SECTION 5.  Requires the Court of Criminal Appeals to adopt the
rules required by Section 41.110, Government Code, not later than
January 1, 1996.

SECTION 6. Disapproves Rule 504(2)(b)(1), Texas Rules of Criminal
Evidence.

SECTION 7. Effective date: September 1, 1995.   

SECTION 8. Emergency clause.