By Shapiro S.B. No. 41
74R1454 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the competency of a child to testify in a criminal
1-3 case.
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 38.070 to read as follows:
1-7 Art. 38.070. COMPETENCY OF CHILD TO TESTIFY. A child is
1-8 presumed competent to be a witness in a criminal proceeding even if
1-9 the child does not appear to possess sufficient intellect to relate
1-10 transactions with respect to which the child is interrogated.
1-11 SECTION 2. Under the terms of Section 22.109(b), Government
1-12 Code, Rule 601(a)(2), Texas Rules of Criminal Evidence, as it
1-13 pertains to the incompetency of a child to testify in a criminal
1-14 proceeding, is disapproved.
1-15 SECTION 3. This Act takes effect September 1, 1995.
1-16 SECTION 4. (a) The change in law made by this Act applies
1-17 only to prosecution for an offense committed on or after the
1-18 effective date of this Act. For purposes of this section, an
1-19 offense is committed before the effective date of this Act if any
1-20 element of the offense occurs before that date.
1-21 (b) An offense committed before the effective date of this
1-22 Act is covered by the law in effect when the offense was committed,
1-23 and the former law is continued in effect for that purpose.
1-24 SECTION 5. 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.