By Wise                                         H.B. No. 2368

      75R6096 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain rights in a criminal or juvenile justice

 1-3     proceeding afforded to a child victim.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 56.02, Code of Criminal Procedure, is

 1-6     amended by adding Subsection (e) to read as follows:

 1-7           (e)  In addition to any other right provided under this

 1-8     article,  a victim who is younger than 16 years of age is entitled

 1-9     to the following rights within the criminal justice system:

1-10                 (1)  the right to the appointment of a guardian ad

1-11     litem or special advocate;

1-12                 (2)  subject to Article 38.073, the right to have the

1-13     victim's parent, guardian, or other relative present during the

1-14     proceedings in which the victim will testify;

1-15                 (3)  the right to an explanation of the proceedings;

1-16                 (4)  the right to be asked questions in language that

1-17     the victim understands;

1-18                 (5)  the right to have the court notified by the

1-19     victim's attorney or court-appointed guardian ad litem or special

1-20     advocate if:

1-21                       (A)  the victim is unable to understand the

1-22     proceedings, including any questions presented to the victim; or

1-23                       (B)  the proceedings are traumatizing the victim;

1-24     and

 2-1                 (6)  the right to have the prosecutor notified by the

 2-2     victim's attorney or court-appointed guardian ad litem or special

 2-3     advocate if the victim is unable to participate in the proceedings.

 2-4           SECTION 2.  Chapter 38, Code of Criminal Procedure, is

 2-5     amended by adding Article 38.073 to read as follows:

 2-6           Art. 38.073.  ORDER OF CERTAIN TESTIMONY.  If a child who is

 2-7     younger than 16 years of age exercises the right to have a parent,

 2-8     guardian, or other relative present during a judicial proceeding as

 2-9     provided by Article 56.02(e)(2) and the parent, guardian, or

2-10     relative is expected to testify in the same proceeding, the court

2-11     shall:

2-12                 (1)  require the parent, guardian, or relative to

2-13     testify before the child testifies; and

2-14                 (2)  exclude the child from the courtroom while the

2-15     parent, guardian, or relative testifies.

2-16           SECTION 3.  The change in law made by this Act applies only

2-17     to a criminal proceeding or juvenile court hearing commenced on or

2-18     after the effective date of this Act.  A proceeding or hearing

2-19     commenced before the effective date of this Act is covered by the

2-20     law in effect when the proceeding or hearing was commenced, and the

2-21     former  law  is  continued  in  effect  for that purpose.

2-22           SECTION 4.  This Act takes effect September 1, 1997.

2-23           SECTION 5.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended.