S.B. No. 128
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 an offense for a person to intentionally
1-9 influence or coerce a witness to testify falsely or to
1-10 elude legal process. It is also a felony offense to
1-11 harm or threaten to harm a witness or prospective
1-12 witness in retaliation for or on account of the service
1-13 of the person as a witness or to prevent or delay the
1-14 person's service as a witness to a crime."
1-15 SECTION 2. Chapter 38, Code of Criminal Procedure, is
1-16 amended by adding Article 38.10 to read as follows:
1-17 Art. 38.10. EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY
1-18 PRIVILEGE. The privilege of a person's spouse not to be called as
1-19 a witness for the state does not apply in any proceeding in which
1-20 the person is charged with a crime committed against the person's
1-21 spouse, a minor child, or a member of the household of either
1-22 spouse.
1-23 SECTION 3. Subsection (a), Section 23.101, Government Code,
1-24 is amended to read as follows:
2-1 (a) The trial courts of this state shall regularly and
2-2 frequently set hearings and trials of pending matters, giving
2-3 preference to hearings and trials of the following:
2-4 (1) temporary injunctions;
2-5 (2) criminal actions, other than those listed by
2-6 Subdivision (7), with the following actions <criminal actions
2-7 against defendants who are detained in jail pending trial> given
2-8 preference over other criminal actions:
2-9 (A) criminal actions against defendants who are
2-10 detained in jail pending trial; and
2-11 (B) criminal actions involving a charge that a
2-12 person committed an act of family violence, as defined by Section
2-13 71.01, Family Code;
2-14 (3) election contests and suits under the Election
2-15 Code;
2-16 (4) orders for the protection of the family under
2-17 Section 3.581, 71.11, or 71.12, Family Code;
2-18 (5) appeals of final rulings and decisions of the
2-19 Texas Workers' Compensation Commission and claims under the Federal
2-20 Employers' Liability Act and the Jones Act;
2-21 (6) <suits for declaratory judgment under Section
2-22 89.085, Natural Resources Code; and>
2-23 <(7)> appeals of final orders of the commissioner of
2-24 the General Land Office under Section 51.3021, Natural Resources
2-25 Code; and
2-26 (7) an offense under:
2-27 (A) Section 21.11, Penal Code;
3-1 (B) Chapter 22, Penal Code, if the victim of the
3-2 alleged offense is younger than 17 years of age;
3-3 (C) Section 25.02, Penal Code, if the victim of
3-4 the alleged offense is younger than 17 years of age; or
3-5 (D) Section 25.06, Penal Code.
3-6 SECTION 4. Subchapter B, Chapter 41, Government Code, is
3-7 amended by adding Section 41.110 to read as follows:
3-8 Sec. 41.110. TRAINING RELATED TO FAMILY VIOLENCE. The court
3-9 of criminal appeals shall adopt rules regarding the training of
3-10 prosecuting attorneys relating to cases involving a charge that a
3-11 person committed an act of family violence as defined by Section
3-12 71.01, Family Code.
3-13 SECTION 5. The Court of Criminal Appeals shall adopt the
3-14 rules required by Section 41.110, Government Code, as added by this
3-15 Act, not later than January 1, 1996.
3-16 SECTION 6. Under the terms of Subsection (b), Section
3-17 22.109, Government Code, Rule 504(2)(b)(1), Texas Rules of Criminal
3-18 Evidence, is disapproved.
3-19 SECTION 7. The law is effective September 1, 1995.
3-20 SECTION 8. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.