By Wise H.B. No. 280
76R2259 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admissibility of testimony in civil and criminal
1-3 proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 18, Civil Practice and Remedies Code, is
1-6 amended by adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. HEARSAY
1-8 Sec. 18.061. CERTAIN STATEMENTS BY CHILDREN. In any civil
1-9 judicial proceeding, a court may admit a statement made out of
1-10 court that is not otherwise admissible under any exception to the
1-11 rule against hearsay if:
1-12 (1) the statement is made by a child younger than 16
1-13 years of age at the time of making the statement;
1-14 (2) the statement describes any sexual act or sexual
1-15 contact performed on, with, or by the child in violation of a state
1-16 law; and
1-17 (3) the court finds that it is in the interests of
1-18 justice to admit the statement.
1-19 Sec. 18.062. RESIDUAL HEARSAY EVIDENCE EXCEPTION. (a) In
1-20 any civil judicial proceeding, a court may admit a statement made
1-21 out of court that is not otherwise admissible under any exception
1-22 to the rule against hearsay if the court finds:
1-23 (1) the statement has circumstantial guarantees of
1-24 trustworthiness equivalent to statements that are admissible under
2-1 a specific exception to the rule against hearsay;
2-2 (2) the statement is offered as evidence of a material
2-3 fact;
2-4 (3) the statement is more probative on the point for
2-5 which it is offered than any other evidence that the party offering
2-6 the statement can procure through reasonable efforts;
2-7 (4) it is in the interests of justice to admit the
2-8 statement; and
2-9 (5) the party offering the statement has complied with
2-10 Subsection (b).
2-11 (b) A party offering a statement for admission under this
2-12 section must make the party's intention to offer the statement
2-13 known, including the particulars of the statement and the name and
2-14 address of the person who made the statement, to the other parties
2-15 in the proceeding sufficiently in advance of the statement's use in
2-16 the proceeding to allow the other parties a fair opportunity to
2-17 prepare to meet it.
2-18 Sec. 18.063. CONFLICT WITH RULES. Notwithstanding Section
2-19 22.004, Government Code, the supreme court may not amend or adopt
2-20 rules in conflict with this subchapter.
2-21 SECTION 2. Section 1, Article 38.071, Code of Criminal
2-22 Procedure, is amended to read as follows:
2-23 Sec. 1. This article applies only to a proceeding in the
2-24 prosecution of an offense defined by any of the following sections
2-25 of the Penal Code if the offense is alleged to have been committed
2-26 against a child 16 [12] years of age or younger and who, at the
2-27 time of giving testimony concerning the offense in the manner
3-1 provided by this article, is 16 years of age or younger, and if the
3-2 trial court finds that the child is unavailable to testify at the
3-3 trial of the offense, and applies only to the statements or
3-4 testimony of that child:
3-5 (1) Section 21.11 (Indecency with a Child);
3-6 (2) Section 22.011 (Sexual Assault);
3-7 (3) Section 22.02 (Aggravated Assault);
3-8 (4) Section 22.021 (Aggravated Sexual Assault);
3-9 (5) Section 22.04(e) (Injury to a Child, Elderly
3-10 Individual, or Disabled Individual);
3-11 (6) Section 22.04(f) (Injury to a Child, Elderly
3-12 Individual, or Disabled Individual), if the conduct is committed
3-13 intentionally or knowingly;
3-14 (7) Section 25.02 (Prohibited Sexual Conduct); or
3-15 (8) Section 43.25 (Sexual Performance by a Child).
3-16 SECTION 3. Section 1, Article 38.072, Code of Criminal
3-17 Procedure, is amended to read as follows:
3-18 Sec. 1. This article applies to a proceeding in the
3-19 prosecution of an offense under any of the following provisions of
3-20 the Penal Code, if committed against a child 16 [12] years of age
3-21 or younger and who, at the time of making a statement describing
3-22 the alleged offense, is 16 years of age or younger:
3-23 (1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
3-24 Offenses);
3-25 (2) Section 25.02 (Prohibited Sexual Conduct); or
3-26 (3) Section 43.25 (Sexual Performance by a Child).
3-27 SECTION 4. This Act applies to the admissibility of
4-1 testimony on or after the effective date of this Act, without
4-2 regard to whether the proceeding in which the testimony is sought
4-3 to be admitted commenced before, on, or after that date.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended,
4-9 and that this Act take effect and be in force from and after its
4-10 passage, and it is so enacted.