By Place                                              H.B. No. 2117
       74R7297 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the admissibility of evidence of other crimes, wrongs,
    1-3  or acts committed against a child in the prosecution of certain
    1-4  criminal cases.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 38, Code of Criminal Procedure, is
    1-7  amended by adding Article 38.37 to read as follows:
    1-8        Art. 38.37.  EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS
    1-9        Sec. 1.  This article applies to a proceeding in the
   1-10  prosecution of an offense that is defined by any of the following
   1-11  sections of the Penal Code if the offense is alleged to have been
   1-12  committed against a child who is under 17 years of age:
   1-13              (1)  Section 21.11 (Indecency with a Child);
   1-14              (2)  Section 22.011 (Sexual Assault);
   1-15              (3)  Section 22.021 (Aggravated Sexual Assault); or
   1-16              (4)  Section 25.02 (Prohibited Sexual Conduct).
   1-17        Sec. 2.  Notwithstanding Rules 403, 404, and 405, Texas Rules
   1-18  of Criminal Evidence, evidence of other crimes or bad acts
   1-19  committed by the defendant against the child who is the victim of
   1-20  the alleged offense may be considered for its bearing on any matter
   1-21  to which it is relevant, including:
   1-22              (1)  the state of mind of the defendant;
   1-23              (2)  the previous or subsequent relationship between
   1-24  the defendant and the child; or
    2-1              (3)  with respect to the offense, the defendant, or the
    2-2  victim, context, motive, opportunity, identity, preparation, plan,
    2-3  intent, knowledge, or absence of mistake or accident.
    2-4        Sec. 3.  On timely request by the defendant, the state must
    2-5  give to the defendant reasonable notice in advance of trial, or at
    2-6  a later time as allowed by the judge for good cause, of the state's
    2-7  intent to introduce in the case in chief evidence described by
    2-8  Section 2 of this article.
    2-9        SECTION 2.  Article 38.37, Code of Criminal Procedure, as
   2-10  added by this Act, applies to any criminal proceeding that
   2-11  commences on or after the effective date of this Act, regardless of
   2-12  whether the offense that is the subject of the proceeding was
   2-13  committed before, on, or after the effective date of this Act.
   2-14        SECTION 3.  This Act takes effect September 1, 1995.
   2-15        SECTION 4.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.