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.