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.
2-20 * * * * *