1-1  By:  Moncrief, et al.                                  S.B. No. 128
    1-2        (In the Senate - Filed December 6, 1994; January 16, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 8, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; March 8, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 128                 By:  Moncrief
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to certain evidentiary and procedural privileges and
   1-11  requirements for certain criminal cases.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Article 23.03, Code of Criminal Procedure, is
   1-14  amended by adding Subsection (d) to read as follows:
   1-15        (d)  A summons issued to any person must clearly and
   1-16  prominently state in English and in Spanish the following:
   1-17              "It is a felony offense for a person to
   1-18        intentionally influence or coerce a witness to testify
   1-19        falsely, to withhold any testimony, information, or
   1-20        document, to elude legal process, or to delay
   1-21        proceedings.  It is also a felony offense to harm or
   1-22        threaten to harm a witness or prospective witness in
   1-23        retaliation for or on account of the service of the
   1-24        person as a witness or to prevent or delay the person's
   1-25        service as a witness to a crime."
   1-26        SECTION 2.  Chapter 38, Code of Criminal Procedure, is
   1-27  amended by adding Article 38.10 to read as follows:
   1-28        Art. 38.10.  EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY
   1-29  PRIVILEGE.  The privilege of a person's spouse not to be called as
   1-30  a witness for the state does not apply in any proceeding in which
   1-31  the person is charged with a crime committed against the person's
   1-32  spouse, a minor child, or a member of the household of either
   1-33  spouse.
   1-34        SECTION 3.  Subsection (a), Section 23.101, Government Code,
   1-35  is amended to read as follows:
   1-36        (a)  The trial courts of this state shall regularly and
   1-37  frequently set hearings and trials of pending matters, giving
   1-38  preference to hearings and trials of the following:
   1-39              (1)  temporary injunctions;
   1-40              (2)  criminal actions, with the following actions
   1-41  <criminal actions against defendants who are detained in jail
   1-42  pending trial> given preference over other criminal actions:
   1-43                    (A)  criminal actions against defendants who are
   1-44  detained in jail pending trial; and
   1-45                    (B)  criminal actions involving a charge that a
   1-46  person committed an act of family violence, as defined by Section
   1-47  71.01, Family Code;
   1-48              (3)  election contests and suits under the Election
   1-49  Code;
   1-50              (4)  orders for the protection of the family under
   1-51  Section 3.581, 71.11, or 71.12, Family Code;
   1-52              (5)  appeals of final rulings and decisions of the
   1-53  Texas Workers' Compensation Commission and claims under the Federal
   1-54  Employers' Liability Act and the Jones Act;
   1-55              (6)  suits for declaratory judgment under Section
   1-56  89.085, Natural Resources Code; and
   1-57              (7)  appeals of final orders of the commissioner of the
   1-58  General Land Office under Section 51.3021, Natural Resources Code.
   1-59        SECTION 4.  Subchapter B, Chapter 41, Government Code, is
   1-60  amended by adding Section 41.110 to read as follows:
   1-61        Sec. 41.110.  TRAINING RELATED TO EXAMINATION OF RELUCTANT OR
   1-62  HOSTILE WITNESSES.  (a)  Each prosecuting attorney who handles
   1-63  cases of family violence shall, as an official duty, receive
   1-64  training related to the examination of a reluctant or hostile
   1-65  witness with emphasis on the examination of a witness who may
   1-66  testify in a case involving a charge that a person committed an act
   1-67  of family violence as defined by Section 71.01, Family Code.
   1-68        (b)  The court of criminal appeals shall adopt rules
    2-1  necessary to accomplish the purposes of this section.  In adopting
    2-2  the rules, the court may consult with professional groups and
    2-3  associations in the state that have expertise in the subject matter
    2-4  to obtain the recommendations of those groups or associations for
    2-5  instruction content.
    2-6        SECTION 5.  The Court of Criminal Appeals shall adopt the
    2-7  rules required by Section 41.110, Government Code, as added by this
    2-8  Act, not later than January 1, 1996.
    2-9        SECTION 6.  Under the terms of Subsection (b), Section
   2-10  22.109, Government Code, Rule 504(2)(b)(1), Texas Rules of Criminal
   2-11  Evidence, is disapproved.
   2-12        SECTION 7.  The law is effective September 1, 1995.
   2-13        SECTION 8.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.
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