HBA-AMW H.B. 1209 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1209 By: Williams Criminal Jurisprudence 3/22/2001 Introduced BACKGROUND 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. House Bill 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 It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1209 amends the Code of Criminal Procedure relating to the exception for the uncorroborated testimony of victims of sexual assault or aggravated sexual assault. The bill provides that the requirement that the victim inform another person of the alleged offense within one year does not apply if at the time of the alleged offense the victim was a person 17 years of age or younger, 65 years of age or older, or 18 years of age or older if the victim 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. EFFECTIVE DATE September 1, 2001.