SRC-JBJ H.B. 1167 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1167
By: Crabb (Brown, J. E. "Buster")
Jurisprudence
5/11/2001

This analysis is based on the House Committee Report, which is the most
recent version available to the Senate Research Center. 

DIGEST AND PURPOSE 

Testimony in a court proceeding for a child can be frightening and
traumatic.  H.B. 1167 requires a court in a criminal or civil proceeding to
ensure that questions asked of a child younger than 13 years of age are
appropriate to the age and understanding of a child. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Code of Criminal Procedure, by adding
Article 38.09, as follows: 

Art. 38.09.  CHILD TESTIMONY; FORM OF EXAMINATION.  Sets forth provisions
regarding criminal proceedings in which a child younger than 13 years of
age is a witness. 

SECTION 2.  Amends the heading to Chapter 18, Civil Practice and Remedies
Code, to read as follows: 
CHAPTER 18.  EVIDENCE AND TESTIMONY

SECTION 3.  Amends Chapter 18, Civil Practice and Remedies Code, by adding
Subchapter D, as follows: 
SUBCHAPTER D.  CHILD TESTIMONY

Sec. 18.091.  FORM OF EXAMINATION.  Sets forth provisions regarding the
examination in any civil proceeding of a child younger than 13 years of age
as a witness. 

SECTION 4.  Effective date: September 1, 2001.
            Makes application of this Act prospective.