By Talton                                       H.B. No. 1689

      75R7087 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the invocation of the rule in a criminal trial.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 36, Code of Criminal Procedure, is

 1-5     amended by adding Article 36.03 to read as follows:

 1-6           Art. 36.03.  INVOCATION OF RULE.  (a)  Notwithstanding Rule

 1-7     613, Texas Rules of Criminal Evidence, a court at the request of a

 1-8     party may order the exclusion of a witness who for the purposes of

 1-9     the prosecution is a victim, close relative of a deceased victim,

1-10     or guardian of a victim only if:

1-11                 (1)  not later than the 10th day before the trial

1-12     commences the requesting party provides the opposing party with

1-13     notice of intention to request exclusion of the witness; and

1-14                 (2)  the court allows the opposing party to contest the

1-15     exclusion in open court.

1-16           (b)  The provisions of Subsection (a) do not limit the

1-17     authority of the court on its own motion to exclude a witness,

1-18     regardless of whether notice was provided to parties or parties

1-19     were provided with an opportunity to contest the exclusion.

1-20           (c)  In this article, "close relative of a deceased victim,"

1-21     "guardian of a victim," and "victim" have the meanings assigned by

1-22     Article 56.01.

1-23           SECTION 2.  This Act takes effect September 1, 1997.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.