By Wise                                         H.B. No. 1587

      75R6106 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of visual aids in the prosecution of certain

 1-3     offenses committed against or witnessed by a child.

 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 38.073 to read as follows:

 1-7           Art. 38.073.  VISUAL AIDS.  (a)  This article applies to a

 1-8     proceeding in the prosecution of an offense under any of the

 1-9     following provisions of the Penal Code, if committed against or

1-10     witnessed by a child younger than 16 years of age:

1-11                 (1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive

1-12     Offenses);

1-13                 (2)  Section 25.02 (Prohibited Sexual Conduct); or

1-14                 (3)  Section 43.25 (Sexual Performance by a Child).

1-15           (b)  A judge may permit the use of an anatomically detailed

1-16     doll, mannequin, or drawing to assist a child younger than 16 years

1-17     of age in providing testimony in the prosecution of an offense

1-18     described by Subsection (a).

1-19           SECTION 2.  This Act takes effect September 1, 1997.

1-20           SECTION 3.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     constitutional rule requiring bills to be read on three several

1-24     days in each house be suspended, and this rule is hereby suspended.