78R3220 GWK-D

By:  Keel                                                         H.B. No. 617



A BILL TO BE ENTITLED

AN ACT

relating to the admissibility in a criminal proceeding of certain 
other crimes, wrongs, or acts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.06 to read as follows:
	Art. 38.06.  NOTICE OF INTENT TO INTRODUCE OTHER CRIMES, 
WRONGS, OR ACTS.  (a)  Evidence of other crimes, wrongs, or acts is 
not admissible to prove the character of a person in order to show 
action in conformity with that character.  It may, however, be 
admissible for other purposes, such as proof of motive, 
opportunity, intent, preparation, plan, knowledge, identity, or 
absence of mistake or accident, provided that on timely request by 
the accused in a criminal case, reasonable written notice is given 
in advance of trial of the state's explicit intent to introduce in 
the state's case-in-chief such evidence, other than evidence 
arising in the same transaction.
	(b)  This article does not apply to the admissibility of 
evidence on rebuttal.
	SECTION 2.  Under the terms of Section 22.109(b), Government 
Code, Rule 404(b), Texas Rules of Evidence, is disapproved with 
respect to criminal proceedings.
	SECTION 3.  The change in law made by this Act applies to the 
admissibility of evidence in a criminal proceeding that commences 
on or after the effective date of this Act. The admissibility of 
evidence in a criminal proceeding that commences before the 
effective date of this Act is covered by the law in effect when the 
proceeding commenced, and the former law is continued in effect for 
this purpose.
	SECTION 4.  This Act takes effect September 1, 2003.