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.