By Wise                                         H.B. No. 1586

      75R6103 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the competency of an individual to testify in a

 1-3     criminal case.

 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 38.070 to read as follows:

 1-7           Art. 38.070.  COMPETENCY OF INDIVIDUAL TO TESTIFY.  (a)  An

 1-8     individual is presumed competent to be a witness in a criminal

 1-9     proceeding unless the individual lacks sufficient mental capacity

1-10     to observe, record, recollect, and narrate matters or does not

1-11     understand the duty to tell the truth.

1-12           (b)  If the competency of a witness is an issue, the judge

1-13     may examine the witness to determine whether the individual

1-14     possesses the requisite mental capacity and understands the duty to

1-15     tell the truth.

1-16           SECTION 2.  Under the terms of Section 22.109(b), Government

1-17     Code, Rule 601, Texas Rules of Criminal Evidence, is disapproved.

1-18           SECTION 3.  This Act takes effect September 1, 1997.

1-19           SECTION 4.  (a)  The change in law made by this Act applies

1-20     only to prosecution for an offense committed on or after the

1-21     effective date of this Act.  For purposes of this section, an

1-22     offense is committed before the effective date of this Act if any

1-23     element of the offense occurs before that date.

1-24           (b)  An offense committed before the effective date of this

 2-1     Act is covered by the law in effect when the offense was committed,

 2-2     and the former law is continued in effect for that purpose.

 2-3           SECTION 5.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.