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.