74R9353 GWK-D
          By Talton                                              H.B. No. 732
          Substitute the following for H.B. No. 732:
          By Greenberg                                       C.S.H.B. No. 732
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the invocation of the rule in a criminal trial.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 36, Code of Criminal Procedure, is
    1-5  amended by adding Article 36.03 to read as follows:
    1-6        Art. 36.03.  INVOCATION OF RULE.  (a)  Notwithstanding Rule
    1-7  613, Texas Rules of Criminal Evidence, a court at the request of a
    1-8  party may order the exclusion of a witness who for the purposes of
    1-9  the prosecution is a victim, close relative of a deceased victim,
   1-10  or guardian of a victim only if:
   1-11              (1)  not later than the 10th day before the trial
   1-12  commences the requesting party provides the opposing party with
   1-13  notice of intention to request exclusion of the witness; and
   1-14              (2)  the court allows the opposing party to contest the
   1-15  exclusion in open court.
   1-16        (b)  The provisions of Subsection (a) do not limit the
   1-17  authority of the court on its own motion to exclude a witness,
   1-18  regardless of whether notice was provided to parties or parties
   1-19  were provided with an opportunity to contest the exclusion.
   1-20        (c)  In this article, "close relative of a deceased victim,"
   1-21  "guardian of a victim," and "victim" have the meanings assigned by
   1-22  Article 56.01.
   1-23        SECTION 2.  This Act takes effect September 1, 1995.
   1-24        SECTION 3.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended.