By Wise H.B. No. 228 77R2037 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to leading questions in direct examination of a child. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 38, Code of Criminal Procedure, is 1-5 amended by adding Article 38.09 to read as follows: 1-6 Art. 38.09. LEADING QUESTIONS IN DIRECT EXAMINATION OF A 1-7 CHILD. In any criminal proceeding, a person conducting a direct 1-8 examination of a child younger than 16 years of age may use leading 1-9 questions. 1-10 SECTION 2. Chapter 18, Civil Practice and Remedies Code, is 1-11 amended by adding Subchapter D to read as follows: 1-12 SUBCHAPTER D. DIRECT EXAMINATION OF CHILD 1-13 Sec. 18.091. LEADING QUESTIONS. In any civil proceeding, a 1-14 person conducting a direct examination of a child younger than 16 1-15 years of age may use leading questions. 1-16 Sec. 18.092. CONFLICT WITH RULES. Notwithstanding Section 1-17 22.004, Government Code, the supreme court may not amend or adopt 1-18 rules in conflict with this subchapter. 1-19 SECTION 3. This Act applies to a direct examination of a 1-20 child taking place on or after the effective date of this Act, 1-21 without regard to whether the proceeding in which the examination 1-22 takes place commenced before, on, or after that date. 1-23 SECTION 4. This Act takes effect immediately if it receives 1-24 a vote of two-thirds of all the members elected to each house, as 2-1 provided by Section 39, Article III, Texas Constitution. If this 2-2 Act does not receive the vote necessary for immediate effect, this 2-3 Act takes effect September 1, 2001.