By Sibley S.B. No. 1279 74R6347 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the admissibility of evidence of other crimes, wrongs, 1-3 or acts committed against a child in certain criminal cases. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 38, Code of Criminal Procedure, is 1-6 amended by adding Article 38.02 to read as follows: 1-7 Art. 38.02. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS 1-8 Sec. 1. This article applies to a proceeding in the 1-9 prosecution of an offense defined by any of the following sections 1-10 of the Penal Code if the offense is alleged to have been committed 1-11 against a child who is under 13 years of age: 1-12 (1) Section 21.11 (Indecency with a Child); 1-13 (2) Section 22.011 (Sexual Assault); 1-14 (3) Section 22.021 (Aggravated Sexual Assault); or 1-15 (4) Section 25.02 (Prohibited Sexual Conduct). 1-16 Sec. 2. In addition to the purposes for which evidence may 1-17 be admissible under Rule 404(b), Texas Rules of Criminal Evidence, 1-18 evidence of other crimes, wrongs, or acts committed against the 1-19 child by the defendant charged with the offense may be admissible 1-20 to: 1-21 (1) show the probability of the offense; 1-22 (2) aid in evaluating the child's testimony against 1-23 the defendant if the defendant is responsible for the child's 1-24 welfare or is in a position of authority or control over the child; 2-1 (3) explain the relationship between the defendant and 2-2 the child if the defendant denies committing the charged offense or 2-3 denies the defendant's relationship to the child; 2-4 (4) prove the defendant's specific intent to arouse 2-5 and gratify the defendant's sexual desire in the charged offense; 2-6 (5) refute a defensive theory; or 2-7 (6) show the defendant's unnatural attention toward 2-8 the child. 2-9 Sec. 3. On timely request by the defendant, the state must 2-10 give to the defendant reasonable notice in advance of trial of the 2-11 state's intent to introduce in the case in chief evidence described 2-12 by Section 2 of this article other than evidence arising in the 2-13 same transaction. 2-14 SECTION 2. (a) The change in law made by this Act applies 2-15 only to an offense committed on or after the effective date of this 2-16 Act. For purposes of this section, an offense is committed before 2-17 the effective date of this Act if any element of the offense occurs 2-18 before the effective date. 2-19 (b) An offense committed before the effective date of this 2-20 Act is covered by the law in effect when the offense was committed, 2-21 and the former law is continued in effect for this purpose. 2-22 SECTION 3. This Act takes effect September 1, 1995. 2-23 SECTION 4. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended.