By Goodman H.B. No. 1352
76R5179 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution and punishment of offenses against
1-3 children or family members.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 1 and 2, Article 38.37, Code of Criminal
1-6 Procedure, are amended to read as follows:
1-7 Sec. 1. This article applies to a proceeding in the
1-8 prosecution of a defendant for an offense under the following
1-9 provisions of the Penal Code, if committed against a child under 17
1-10 years of age or against a member of the defendant's family, as
1-11 defined by Section 71.003, Family Code:
1-12 (1) Chapter 21 (Sexual Offenses);
1-13 (2) Chapter 22 (Assaultive Offenses);
1-14 (3) Section 25.02 (Prohibited Sexual Conduct);
1-15 (4) Section 25.07 (Violation of Protective Order or
1-16 Magistrate's Order);
1-17 (5) Section 36.06 (Obstruction or Retaliation);
1-18 (6) Section 42.07 (Harassment);
1-19 (7) Section 42.072 (Stalking);
1-20 (8) Section 43.25 (Sexual Performance by a Child); or
1-21 (9) [(5)] an attempt or conspiracy to commit an
1-22 offense listed in this section.
1-23 Sec. 2. Notwithstanding Rules 404 and 405, Texas Rules of
1-24 [Criminal] Evidence, evidence of other crimes, wrongs, or acts
2-1 committed by the defendant against [the child who is] the victim of
2-2 the alleged offense shall be admitted for its bearing on relevant
2-3 matters, including:
2-4 (1) the state of mind of the defendant and the victim
2-5 [child]; and
2-6 (2) the previous and subsequent relationship between
2-7 the defendant and the victim [child].
2-8 SECTION 2. Section 3.03(b), Penal Code, is amended to read
2-9 as follows:
2-10 (b) If the accused is found guilty of more than one offense
2-11 arising out of the same criminal episode, the sentences may run
2-12 concurrently or consecutively if each sentence is for a conviction
2-13 of:
2-14 (1) an offense:
2-15 (A) under Section 49.08; or
2-16 (B) for which a plea agreement was reached in a
2-17 case in which the accused was charged with more than one offense
2-18 under Section 49.08; or
2-19 (2) an offense:
2-20 (A) under Section 21.11, 22.01, 22.011, 22.02,
2-21 22.021, 22.05, 22.07, 25.02, 25.07, 36.06, 42.07, 42.072, or 43.25
2-22 committed against a victim who was younger than 17 years of age or
2-23 was a member of the defendant's family, as defined by Section
2-24 71.003, Family Code, at the time of the commission of the offense
2-25 regardless of whether the accused is convicted of violations of the
2-26 same section more than once or is convicted of violations of more
2-27 than one section; or
3-1 (B) for which a plea agreement was reached in a
3-2 case in which the accused was charged with more than one offense
3-3 listed in Paragraph (A) committed against a victim who was younger
3-4 than 17 years of age or was a member of the defendant's family, as
3-5 defined by Section 71.003, Family Code, at the time of the
3-6 commission of the offense regardless of whether the accused is
3-7 charged with violations of the same section more than once or is
3-8 charged with violations of more than one section.
3-9 SECTION 3. Section 22.01, Penal Code, is amended by amending
3-10 Subsections (b) and (e) and adding Subsection (f) to read as
3-11 follows:
3-12 (b) An offense under Subsection (a)(1) is a Class A
3-13 misdemeanor, except as otherwise provided by this subsection. An
3-14 offense under Subsection (a)(1) committed against a family member
3-15 is a Class A misdemeanor with a minimum term of confinement of 30
3-16 days, unless multiple previous convictions are proven as provided
3-17 by this subsection. An offense under Subsection (a)(1) [that the
3-18 offense] is [:]
3-19 [(1)] a felony of the third degree if the offense is
3-20 committed against:
3-21 (1) a person the actor knows is a public servant while
3-22 the public servant is lawfully discharging an official duty, or in
3-23 retaliation or on account of an exercise of official power or
3-24 performance of an official duty as a public servant; or
3-25 (2) [a state jail felony if it is shown on the trial
3-26 of the offense that the offense was committed against] a family
3-27 member, if it is shown on the trial of the offense [and] that the
4-1 defendant has been previously convicted of an offense against a
4-2 family member [under this section] two or more times.
4-3 (e) In this section, "family" has the meaning assigned by
4-4 Section 71.003 [71.01], Family Code.
4-5 (f) For the purposes of this section, a defendant has been
4-6 previously convicted of an offense against a family member if the
4-7 defendant was adjudged guilty of an offense committed against a
4-8 family member under this section or under Section 22.02, 22.05,
4-9 22.07, 25.07, 36.06, 42.07, or 42.072, or entered a plea of guilty
4-10 or nolo contendere to the offense in return for a grant of deferred
4-11 adjudication, regardless of whether the sentence for the offense
4-12 was ever imposed or whether the sentence was probated and the
4-13 defendant was subsequently discharged from community supervision.
4-14 SECTION 4. Chapter 22, Penal Code, is amended by adding
4-15 Section 22.03 to read as follows:
4-16 Sec. 22.03. FAMILY VIOLENCE COMMITTED WITHIN VIEW OF CHILD.
4-17 (a) In this section:
4-18 (1) "Child" means a person younger than 17 years of
4-19 age.
4-20 (2) "Family" has the meaning assigned by Section
4-21 71.003, Family Code.
4-22 (b) A person commits an offense if the person commits
4-23 assault as defined in Section 22.01(a)(1) or (2) against a family
4-24 member and another member of the family who is a child witnesses
4-25 the commission of the offense.
4-26 (c) An offense under this section is:
4-27 (1) a state jail felony if the assault is defined in
5-1 Section 22.01(a)(1); or
5-2 (2) a Class B misdemeanor if the assault is defined in
5-3 Section 22.01(a)(2).
5-4 SECTION 5. The change in law made by this Act to Article
5-5 38.37, Code of Criminal Procedure, applies to any criminal
5-6 proceeding that commences on or after the effective date of this
5-7 Act, regardless of whether the offense was committed before, on, or
5-8 after the effective date of this Act.
5-9 SECTION 6. The change in law made by Sections 2-4 of this
5-10 Act apply only to an offense committed on or after the effective
5-11 date of this Act. An offense committed before the effective date
5-12 of this Act is covered by the law in effect when the offense was
5-13 committed, and the former law is continued in effect for that
5-14 purpose. For purposes of this section, an offense was committed
5-15 before the effective date of this Act if any element of the offense
5-16 occurred before that date.
5-17 SECTION 7. This Act takes effect September 1, 1999.
5-18 SECTION 8. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.