HBA-CBW, SEP S.B. 24 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 24 By: Shapiro Criminal Jurisprudence 3/18/2001 Engrossed BACKGROUND AND PURPOSE Currently, Texas law provides no opportunity for a judge to allow a child who is the witness to criminal activity to testify outside of the presence of the accused. Senate Bill 24 authorizes a court authority to allow a child younger than 13 years of age to testify outside the presence of the accused. 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 Senate Bill 24 amends the Code of Criminal Procedure to permit the use of the out of court testimony of a child during hearings or proceedings in which the court determines that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant. The bill permits the use of such testimony at hearings or proceedings involving murder, capital murder, manslaughter, aggravated kidnapping, and aggravated robbery. The bill removes the provision requiring the attorney representing the state to notify the court, the defendant, and attorney representing the defendant of the state attorney's intent to use a recording of the child's oral statement made before a complaint has been filed or an indictment returned for the evidence to be admissible. EFFECTIVE DATE September 1, 2001.