By: Moncrief, Zaffirini S.B. No. 128
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain evidentiary and procedural privileges and
1-2 requirements for certain criminal cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 23.03, Code of Criminal Procedure, is
1-5 amended by adding Subsection (d) to read as follows:
1-6 (d) A summons issued to any person must clearly and
1-7 prominently state in English and in Spanish the following:
1-8 "It is a felony offense for a person to
1-9 intentionally influence or coerce a witness to testify
1-10 falsely, to withhold any testimony, information, or
1-11 document, to elude legal process, or to delay
1-12 proceedings. It is also a felony offense to harm or
1-13 threaten to harm a witness or prospective witness in
1-14 retaliation for or on account of the service of the
1-15 person as a witness or to prevent or delay the person's
1-16 service as a witness to a crime."
1-17 SECTION 2. Chapter 38, Code of Criminal Procedure, is
1-18 amended by adding Article 38.10 to read as follows:
1-19 Art. 38.10. EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY
1-20 PRIVILEGE. The privilege of a person's spouse not to be called as
1-21 a witness for the state does not apply in any proceeding in which
1-22 the person is charged with a crime committed against the person's
1-23 spouse, a minor child, or a member of the household of either
1-24 spouse.
2-1 SECTION 3. Subsection (a), Section 23.101, Government Code,
2-2 is amended to read as follows:
2-3 (a) The trial courts of this state shall regularly and
2-4 frequently set hearings and trials of pending matters, giving
2-5 preference to hearings and trials of the following:
2-6 (1) temporary injunctions;
2-7 (2) criminal actions, with the following actions
2-8 <criminal actions against defendants who are detained in jail
2-9 pending trial> given preference over other criminal actions:
2-10 (A) criminal actions against defendants who are
2-11 detained in jail pending trial; and
2-12 (B) criminal actions involving a charge that a
2-13 person committed an act of family violence, as defined by Section
2-14 71.01, Family Code;
2-15 (3) election contests and suits under the Election
2-16 Code;
2-17 (4) orders for the protection of the family under
2-18 Section 3.581, 71.11, or 71.12, Family Code;
2-19 (5) appeals of final rulings and decisions of the
2-20 Texas Workers' Compensation Commission and claims under the Federal
2-21 Employers' Liability Act and the Jones Act;
2-22 (6) suits for declaratory judgment under Section
2-23 89.085, Natural Resources Code; and
2-24 (7) appeals of final orders of the commissioner of the
2-25 General Land Office under Section 51.3021, Natural Resources Code.
2-26 SECTION 4. Subchapter B, Chapter 41, Government Code, is
2-27 amended by adding Section 41.110 to read as follows:
3-1 Sec. 41.110. TRAINING RELATED TO FAMILY VIOLENCE. The court
3-2 of criminal appeals shall adopt rules regarding the training of
3-3 prosecuting attorneys relating to cases involving a charge that a
3-4 person committed an act of family violence as defined by Section
3-5 71.01, Family Code.
3-6 SECTION 5. The Court of Criminal Appeals shall adopt the
3-7 rules required by Section 41.110, Government Code, as added by this
3-8 Act, not later than January 1, 1996.
3-9 SECTION 6. Under the terms of Subsection (b), Section
3-10 22.109, Government Code, Rule 504(2)(b)(1), Texas Rules of Criminal
3-11 Evidence, is disapproved.
3-12 SECTION 7. The law is effective September 1, 1995.
3-13 SECTION 8. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.