By Wise H.B. No. 2195 75R6250 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to leading questions in direct examination of a child. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 38, Code of Criminal Procedure, is 1-5 amended by adding Article 38.09 to read as follows: 1-6 Art. 38.09. LEADING QUESTIONS IN DIRECT EXAMINATION OF A 1-7 CHILD. In any criminal proceeding, a person conducting a direct 1-8 examination of a child younger than 16 years of age may use leading 1-9 questions. 1-10 SECTION 2. Chapter 18, Civil Practice and Remedies Code, is 1-11 amended by adding Subchapter C to read as follows: 1-12 SUBCHAPTER C. DIRECT EXAMINATION OF CHILD 1-13 Sec. 18.061. LEADING QUESTIONS. In any civil proceeding, a 1-14 person conducting a direct examination of a child younger than 16 1-15 years of age may use leading questions. 1-16 Sec. 18.062. CONFLICT WITH RULES. Notwithstanding Section 1-17 22.004, Government Code, the supreme court may not amend or adopt 1-18 rules in conflict with this subchapter. 1-19 SECTION 3. This Act applies to a direct examination of a 1-20 child taking place on or after the effective date of this Act, 1-21 without regard to whether the proceeding in which the examination 1-22 takes place commenced before, on, or after that date. 1-23 SECTION 4. The importance of this legislation and the 1-24 crowded condition of the calendars in both houses create an 2-1 emergency and an imperative public necessity that the 2-2 constitutional rule requiring bills to be read on three several 2-3 days in each house be suspended, and this rule is hereby suspended, 2-4 and that this Act take effect and be in force from and after its 2-5 passage, and it is so enacted.