78R4958 SLO-D

By:  Crabb                                                        H.B. No. 1121



A BILL TO BE ENTITLED

AN ACT

relating to the form of examination of a child in a criminal or 
civil proceeding.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.09 to read as follows:
	Art. 38.09.  CHILD TESTIMONY; FORM OF EXAMINATION.  In any 
criminal proceeding in which a child younger than 13 years of age is 
a witness, the court shall require that questions directed to the 
child be in a form reasonably appropriate to the age and 
understanding of the child and shall limit the unnecessary 
repetition of questions directed to the child.
	SECTION 2.  Chapter 18, Civil Practice and Remedies Code, is 
amended by amending the chapter heading to read as follows:

CHAPTER 18.  EVIDENCE AND TESTIMONY
	SECTION 3.  Chapter 18, Civil Practice and Remedies Code, is 
amended by adding Subchapter D to read as follows:

SUBCHAPTER D.  CHILD TESTIMONY
	Sec. 18.091.  FORM OF EXAMINATION. In any civil proceeding 
in which a child younger than 13 years of age is a witness, the court 
shall require that questions directed to the child be in a form 
reasonably appropriate to the age and understanding of the child 
and shall limit the unnecessary repetition of questions directed to 
the child.
	SECTION 4.  This Act takes effect September 1, 2003, and 
applies to an examination of a child that takes place on or after 
that date, without regard to whether the proceeding in which the 
examination takes place commenced before, on, or after the 
effective date of this Act.