By Nelson S.B. No. 163
77R1431 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the circumstances under which a witness in a criminal
1-3 case may be excluded from the courtroom.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 36, Code of Criminal Procedure, is
1-6 amended by adding Article 36.03 to read as follows:
1-7 Art. 36.03. INVOCATION OF RULE. (a) Notwithstanding Rule
1-8 614, Texas Rules of Evidence, a court at the request of a party may
1-9 order the exclusion of a witness who for the purposes of the
1-10 prosecution is a victim, close relative of a deceased victim, or
1-11 guardian of a victim only if the witness is to testify and the
1-12 court determines that the testimony of the witness would be
1-13 materially affected if the witness hears other testimony at the
1-14 trial.
1-15 (b) On the objection of the opposing party, the court may
1-16 require the party requesting exclusion of a witness under
1-17 Subsection (a) to make an offer of proof to justify the exclusion.
1-18 (c) Subsection (a) does not limit the authority of the court
1-19 on its own motion to exclude a witness or other person to maintain
1-20 decorum in the courtroom.
1-21 (d) In this article:
1-22 (1) "Close relative of a deceased victim" and
1-23 "guardian of a victim" have the meanings assigned by Article 56.01.
1-24 (2) "Victim" means a victim of any criminal offense.
2-1 SECTION 2. This Act takes effect September 1, 2001.