By Greenberg, Thompson, Danburg, et al. H.B. No. 35
Substitute the following for H.B. No. 35:
By Greenberg C.S.H.B. No. 35
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the privilege of a person's spouse not to be called as
1-3 a witness in certain proceedings against the person.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 38, Code of Criminal Procedure, is
1-6 amended by adding Article 38.10 to read as follows:
1-7 Art. 38.10. EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY
1-8 PRIVILEGE. The privilege of a person's spouse not to be called as
1-9 a witness for the state does not apply in any proceeding in which
1-10 the person is charged with a crime committed against the person's
1-11 spouse, a minor child, or a member of the household of either
1-12 spouse.
1-13 SECTION 2. Article 23.03, Code of Criminal Procedure, is
1-14 amended by adding Subsection (d) to read as follows:
1-15 (d) A summons issued to any person must clearly and
1-16 prominently state the following:
1-17 "It is a felony offense for a person to
1-18 intentionally influence or coerce a witness to testify
1-19 falsely, to withhold any testimony, information, or
1-20 document, to elude legal process, or to delay
1-21 proceedings. It is also a felony offense to harm or
1-22 threaten to harm a witness or prospective witness in
1-23 retaliation for or on account of the service of the
1-24 person as a witness or to prevent or delay the person's
2-1 service as a witness to a crime."
2-2 SECTION 3. Section 23.101(a), Government Code, is amended to
2-3 read as follows:
2-4 (a) The trial courts of this state shall regularly and
2-5 frequently set hearings and trials of pending matters, giving
2-6 preference to hearings and trials of the following:
2-7 (1) temporary injunctions;
2-8 (2) criminal actions, with the following actions
2-9 <criminal actions against defendants who are detained in jail
2-10 pending trial> given preference over other criminal actions:
2-11 (A) criminal actions against defendants who are
2-12 detained in jail pending trial; and
2-13 (B) criminal actions involving a charge that a
2-14 person committed an act of family violence, as defined by Section
2-15 71.01, Family Code;
2-16 (3) election contests and suits under the Election
2-17 Code;
2-18 (4) orders for the protection of the family under
2-19 Section 3.581, 71.11, or 71.12, Family Code;
2-20 (5) appeals of final rulings and decisions of the
2-21 Texas Workers' Compensation Commission and claims under the Federal
2-22 Employers' Liability Act and the Jones Act;
2-23 (6) suits for declaratory judgment under Section
2-24 89.085, Natural Resources Code; and
2-25 (7) appeals of final orders of the commissioner of the
2-26 General Land Office under Section 51.3021, Natural Resources Code.
2-27 SECTION 4. Subchapter B, Chapter 41, Government Code, is
3-1 amended by adding Section 41.110 to read as follows:
3-2 Sec. 41.110. TRAINING RELATED TO FAMILY VIOLENCE. The Court
3-3 of Criminal Appeals shall adopt rules regarding the training of
3-4 prosecuting attorneys relating to cases involving a charge that a
3-5 person committed an act of family violence as defined by Section
3-6 71.01, Family Code.
3-7 SECTION 5. Under the terms of Section 22.109(b), Government
3-8 Code, Rule 504(2)(b)(1), Texas Rules of Criminal Evidence, is
3-9 disapproved.
3-10 SECTION 6. The Court of Criminal Appeals shall adopt the
3-11 rules required by Section 41.110, Government Code, as added by this
3-12 Act, not later than January 1, 1996.
3-13 SECTION 7. This Act takes effect September 1, 1995.
3-14 SECTION 8. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.