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By:  Wise                                                         H.B. No. 65 



A BILL TO BE ENTITLED

AN ACT

relating to certain rights in a criminal or juvenile justice 
proceeding afforded to a child victim.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Article 56.02, Code of Criminal Procedure, is 
amended by adding Subsection (e) to read as follows:
	(e)  In addition to any other right provided under this 
article,  a victim who is younger than 16 years of age is entitled to 
the following rights within the criminal justice system:
		(1)  the right to the appointment of a guardian ad litem 
or special advocate;
		(2)  subject to Article 38.073, the right to have the 
victim's parent, guardian, or other relative present during the 
proceedings in which the victim will testify;
		(3)  the right to an explanation of the proceedings;                   
		(4)  the right to be asked questions in language that 
the victim understands;
		(5)  the right to have the court notified by the 
victim's attorney or court-appointed guardian ad litem or special 
advocate if:
			(A)  the victim is unable to understand the 
proceedings, including any questions presented to the victim; or
			(B)  the proceedings are traumatizing the victim; 
and               
		(6)  the right to have the prosecutor notified by the 
victim's attorney or court-appointed guardian ad litem or special 
advocate if the victim is unable to participate in the proceedings.
	SECTION 2.   Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.073 to read as follows:
	Art. 38.073.  ORDER OF CERTAIN TESTIMONY. If a child who is 
younger than 16 years of age exercises the right to have a parent, 
guardian, or other relative present during a judicial proceeding as 
provided by Article 56.02(e)(2) and the parent, guardian, or 
relative is expected to testify in the same proceeding, the court 
shall:
		(1)  require the parent, guardian, or relative to 
testify before the child testifies; and
		(2)  exclude the child from the courtroom while the 
parent, guardian, or relative testifies.
	SECTION 3.   The change in law made by this Act applies to all 
criminal proceedings or juvenile court hearings occurring on or 
after the effective date of this Act.
	SECTION 4.   This Act takes effect September 1, 2003.