1-1 AN ACT
1-2 relating to the uncorroborated testimony of victims of certain
1-3 sexual offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 38.07, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 38.07. TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL
1-8 OFFENSE. (a) A conviction under Chapter 21, Section 22.011, or
1-9 Section 22.021, Penal Code, is supportable on the uncorroborated
1-10 testimony of the victim of the sexual offense if the victim
1-11 informed any person, other than the defendant, of the alleged
1-12 offense within one year after the date on which the offense is
1-13 alleged to have occurred.
1-14 (b) The requirement that the victim inform another person of
1-15 an alleged offense does not apply if at the time of the alleged
1-16 offense the victim was a person:
1-17 (1) 17 years of age or younger;
1-18 (2) 65 years of age or older; or
1-19 (3) 18 years of age or older who by reason of age or
1-20 physical or mental disease, defect, or injury was substantially
1-21 unable to satisfy the person's need for food, shelter, medical
1-22 care, or protection from harm [younger than 18 years of age at the
1-23 time of the alleged offense].
1-24 SECTION 2. (a) The change in law made by this Act applies
2-1 only to an offense committed on or after the effective date of this
2-2 Act. For purposes of this section, an offense is committed before
2-3 the effective date of this Act if any element of the offense occurs
2-4 before that date.
2-5 (b) An offense committed before the effective date of this
2-6 Act is covered by the law in effect when the offense was committed,
2-7 and the former law is continued in effect for that purpose.
2-8 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1209 was passed by the House on April
30, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1209 was passed by the Senate on May
23, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor