By Talton, Combs H.B. No. 732 74R3911 GWK-D 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, and 1-24 applies only to a prosecution in which the indictment, information, 2-1 or complaint is returned on or after that date. A prosecution in 2-2 which the indictment, information, or complaint is returned before 2-3 September 1, 1995, is covered by the law in effect when the 2-4 indictment, information, or complaint is returned, and the former 2-5 law is continued in effect for this purpose. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.