By Talton                                              H.B. No. 422
         76R2925 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the invocation of the rule in a criminal trial.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 36, Code of Criminal Procedure, is
 1-5     amended by adding Article 36.03 to read as follows:
 1-6           Art. 36.03.  INVOCATION OF RULE.  (a)  Notwithstanding Rule
 1-7     614, Texas Rules of  Evidence, a court at the request of a party
 1-8     may order the exclusion of a witness who for the purposes of the
 1-9     prosecution is a victim, close relative of a deceased victim, or
1-10     guardian of a victim only if:
1-11                 (1)  not later than the 10th day before the trial
1-12     commences the requesting party provides the opposing party with
1-13     notice of intention to request exclusion of the witness; and
1-14                 (2)  the court allows the opposing party to contest the
1-15     exclusion in open court.
1-16           (b)  The provisions of Subsection (a) do not limit the
1-17     authority of the court on its own motion to exclude a witness,
1-18     regardless of whether notice was provided to parties or parties
1-19     were provided with an opportunity to contest the exclusion.
1-20           (c)  In this article, "close relative of a deceased victim,"
1-21     "guardian of a victim," and "victim" have the meanings assigned by
1-22     Article 56.01.
1-23           SECTION 2.  This Act takes effect September 1, 1999.
1-24           SECTION 3.  The importance of this legislation and the
 2-1     crowded condition of the calendars in both houses create an
 2-2     emergency and an imperative public necessity that the
 2-3     constitutional rule requiring bills to be read on three several
 2-4     days in each house be suspended, and this rule is hereby suspended.