By Crabb H.B. No. 1167 77R1492 JMC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the form of examination of a child in a criminal or 1-3 civil proceeding. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 38, Code of Criminal Procedure, is amended 1-6 by adding Article 38.09 to read as follows: 1-7 Art. 38.09. CHILD TESTIMONY; FORM OF EXAMINATION. In any 1-8 criminal proceeding in which a child younger than 13 years of age 1-9 is a witness, the court shall require that questions directed to 1-10 the child be in a form reasonably appropriate to the age and 1-11 understanding of the child and shall limit the unnecessary 1-12 repetition of questions directed to the child. 1-13 SECTION 2. Chapter 18, Civil Practice and Remedies Code, is 1-14 amended by amending the chapter heading to read as follows: 1-15 CHAPTER 18. EVIDENCE AND TESTIMONY 1-16 SECTION 3. Chapter 18, Civil Practice and Remedies Code, is 1-17 amended by adding Subchapter D to read as follows: 1-18 SUBCHAPTER D. CHILD TESTIMONY 1-19 Sec. 18.091. FORM OF EXAMINATION. In any civil proceeding in 1-20 which a child younger than 13 years of age is a witness, the court 1-21 shall require that questions directed to the child be in a form 1-22 reasonably appropriate to the age and understanding of the child 1-23 and shall limit the unnecessary repetition of questions directed to 1-24 the child. 2-1 SECTION 4. This Act takes effect September 1, 2001, and 2-2 applies to an examination of a child which takes place on or after 2-3 that date, without regard to whether the proceeding in which the 2-4 examination takes place commenced before, on, or after the 2-5 effective date of this Act.