By Wise H.B. No. 297 76R2297 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the competency of an individual to testify 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 38.070 to read as follows: 1-7 Art. 38.070. COMPETENCY OF INDIVIDUAL TO TESTIFY. (a) An 1-8 individual is presumed competent to be a witness in a criminal 1-9 proceeding unless the individual lacks sufficient mental capacity 1-10 to observe, record, recollect, and narrate matters or does not 1-11 understand the duty to tell the truth. 1-12 (b) If the competency of a witness is an issue, the judge 1-13 may examine the witness to determine whether the individual 1-14 possesses the requisite mental capacity and understands the duty to 1-15 tell the truth. 1-16 SECTION 2. Under the terms of Section 22.109(b), Government 1-17 Code, Rule 601, Texas Rules of Evidence, is disapproved, but only 1-18 to the extent that Rule 601 applies to criminal proceedings. 1-19 SECTION 3. This Act takes effect September 1, 1999. 1-20 SECTION 4. (a) The change in law made by this Act applies 1-21 only to prosecution for an offense committed on or after the 1-22 effective date of this Act. For purposes of this section, an 1-23 offense is committed before the effective date of this Act if any 1-24 element of the offense occurs before that date. 2-1 (b) An offense committed before the effective date of this 2-2 Act is covered by the law in effect when the offense was committed, 2-3 and the former law is continued in effect for that purpose. 2-4 SECTION 5. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended.