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.