1-1 By: Williams (Senate Sponsor - Shapiro) H.B. No. 1209
1-2 (In the Senate - Received from the House May 1, 2001;
1-3 May 2, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the uncorroborated testimony of victims of certain
1-9 sexual offenses.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 38.07, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 38.07. TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL
1-14 OFFENSE. (a) A conviction under Chapter 21, Section 22.011, or
1-15 Section 22.021, Penal Code, is supportable on the uncorroborated
1-16 testimony of the victim of the sexual offense if the victim
1-17 informed any person, other than the defendant, of the alleged
1-18 offense within one year after the date on which the offense is
1-19 alleged to have occurred.
1-20 (b) The requirement that the victim inform another person of
1-21 an alleged offense does not apply if at the time of the alleged
1-22 offense the victim was a person:
1-23 (1) 17 years of age or younger;
1-24 (2) 65 years of age or older; or
1-25 (3) 18 years of age or older who by reason of age or
1-26 physical or mental disease, defect, or injury was substantially
1-27 unable to satisfy the person's need for food, shelter, medical
1-28 care, or protection from harm [younger than 18 years of age at the
1-29 time of the alleged offense].
1-30 SECTION 2. (a) The change in law made by this Act applies
1-31 only to an offense committed on or after the effective date of this
1-32 Act. For purposes of this section, an offense is committed before
1-33 the effective date of this Act if any element of the offense occurs
1-34 before that date.
1-35 (b) An offense committed before the effective date of this
1-36 Act is covered by the law in effect when the offense was committed,
1-37 and the former law is continued in effect for that purpose.
1-38 SECTION 3. This Act takes effect September 1, 2001.
1-39 * * * * *