By Sibley S.B. No. 990
74R6460 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the hearsay statement of a child abuse victim.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 38.072, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 38.072. Hearsay Statement of Child Abuse Victim
1-7 Sec. 1. This article applies to a proceeding in the
1-8 prosecution of an offense under any of the following provisions of
1-9 the Penal Code, if committed against a child 12 years of age or
1-10 younger:
1-11 (1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
1-12 Offenses);
1-13 (2) Section 25.02 (Prohibited Sexual Conduct)
1-14 <(Incest)>; or
1-15 (3) <Section 25.06 (Solicitation of a Child, added by
1-16 Chapter 413, Acts of the 65th Legislature, Regular Session, 1977);
1-17 or>
1-18 <(4)> Section 43.25 (Sexual Performance by a Child).
1-19 Sec. 2. (a) This article applies only to statements that
1-20 describe the alleged offense that:
1-21 (1) were made by the child against whom the offense
1-22 was allegedly committed; and
1-23 (2) were made to any <the first> person<, 18 years of
1-24 age or older>, other than the defendant, to whom the child made a
2-1 statement about the offense.
2-2 (b) A statement that meets the requirements of Subsection
2-3 (a) of this article is not inadmissible because of the hearsay rule
2-4 if<:>
2-5 <(1) on or before the 14th day before the date the
2-6 proceeding begins, the party intending to offer the statement:>
2-7 <(A) notifies the adverse party of its intention
2-8 to do so;>
2-9 <(B) provides the adverse party with the name of
2-10 the witness through whom it intends to offer the statement; and>
2-11 <(C) provides the adverse party with a written
2-12 summary of the statement;>
2-13 <(2)> the trial court finds, in a hearing conducted
2-14 outside the presence of the jury, that the statement is reliable
2-15 based on the time, content, and circumstances of the statement<;>
2-16 and:
2-17 (1) <(3)> the child testifies <or is available to
2-18 testify> at the proceeding in court or in any other manner provided
2-19 by law; or
2-20 (2) the party intending to offer the statement shows
2-21 at the hearing that admitting the statement into evidence without
2-22 requiring the child to testify is necessary to protect the welfare
2-23 of the child.
2-24 (c) On the timely request of a defendant, the party
2-25 intending to offer the statement shall give reasonable notice of an
2-26 intent to introduce a statement under this article.
2-27 SECTION 2. This Act takes effect September 1, 1995.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.