By Wise H.B. No. 289 76R2271 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 to all 2-17 criminal proceedings or juvenile court hearings occurring on or 2-18 after the effective date of this Act. 2-19 SECTION 4. This Act takes effect September 1, 1999. 2-20 SECTION 5. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.