SRC-BWC H.B. 1209 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1209
77R4383 KEL-DBy: Williams (Shapiro)
Criminal Justice
5/8/2001
Engrossed


DIGEST AND PURPOSE 

A conviction for sexual assault or aggravated sexual assault is supportable
on the uncorroborated testimony of the victim if the victim informed any
person, other than the defendant, of the alleged offense within one year
after the date on which the offense is alleged to have occurred.
Currently, only a person under the age of 18 is exempt from the requirement
that the victim tell another person of the alleged offense.  Age is not the
only factor that can hinder a victim's ability to tell another of an
alleged offense.  In some cases, victims who by reason of age or physical
or mental disease, defect, or injury are incapable of caring for themselves
may be unable to report an alleged crime to another person. H.B. 1209
exempts a person age 17 or younger, age 65 or older, or a person age 18 or
older who by reason of age or physical or mental disease, defect, or injury
was substantially unable to satisfy the person's need for food, shelter,
medical care, or protection from harm from the requirements that the victim
inform another person of sexual assault or aggravated sexual assault within
one year so that a conviction for such an offense is supportable on the
uncorroborated testimony of the victim.  

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 Article 38.07, Code of Criminal Procedure, to provide
that a conviction under Chapter 21 (Sexual Offenses), Section 22.011
(Sexual Assault), or Section 22.021 (Aggravated Sexual Assault), Penal
Code, is supportable on the uncorroborated testimony of the victim of the
sexual offense if the victim informed any person, other than the defendant,
of the alleged offense within one year after the date on which the offense
is alleged to have occurred.  Provides that the requirement that the victim
inform another person of an alleged offense does not apply if at the time
of the alleged offense the victim, rather than being younger than 18 years
of age at the time of the alleged offense, was a person 17 years of age or
younger; 65 years of age or older; or 18 years of age or older who by
reason of age or physical or mental disease, defect, or injury was
substantially unable to satisfy the person's need for food, shelter,
medical care, or protection from harm. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2001.