By Wise                                         H.B. No. 2248

      75R6123 KEL-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a limitation on interviewing or examining a child 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 38.073 to read as follows:

 1-7           Art. 38.073.  LIMITATION ON INTERVIEWS AND EXAMINATIONS.  If

 1-8     a child younger than 16 years of age is a complaining witness in a

 1-9     pending proceeding, the court shall reasonably limit the number of

1-10     interviews with and examinations of the child, unless the risk of

1-11     prejudice to the defendant outweighs the child's risk of

1-12     psychological damage resulting from the multiple interviews and

1-13     examinations.

1-14           SECTION 2.  This Act takes effect September 1, 1997.

1-15           SECTION 3.  The importance of this legislation and the

1-16     crowded condition of the calendars in both houses create an

1-17     emergency and an imperative public necessity that the

1-18     constitutional rule requiring bills to be read on three several

1-19     days in each house be suspended, and this rule is hereby suspended.