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78R5119 DAK-D

By:  Pena                                                         H.B. No. 1359



A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of evidence of an alleged victim's 
past sexual behavior or alleged sexual predisposition.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 18, Civil Practice and 
Remedies Code, is amended by adding Section 18.062 to read as 
follows:
	Sec. 18.062.  EVIDENCE OF ALLEGED VICTIM'S PAST SEXUAL 
BEHAVIOR OR ALLEGED SEXUAL PREDISPOSITION.  (a)  Except as provided 
by Subsections (b) and (c), the following is not admissible in any 
civil suit involving alleged sexual misconduct:
		(1)  evidence offered to prove that an alleged victim 
engaged in other sexual behavior; and
		(2)  evidence offered to prove an alleged victim's 
sexual predisposition.
	(b)  Evidence offered to prove the sexual behavior or sexual 
predisposition of an alleged victim is admissible if:
		(1)  it is otherwise admissible under the Texas Rules 
of Evidence; and
		(2)  its probative value substantially outweighs the 
danger of harm to any victim and of unfair prejudice to any party.
	(c)  Evidence of an alleged victim's reputation is 
admissible only if it has been placed in controversy by the alleged 
victim.
	(d)  A party intending to offer evidence under Subsection (b) 
or (c) must:
		(1)  file a written motion on or before the 14th day 
before the date the trial begins specifically describing the 
evidence and stating the purpose for which it is offered unless the 
court for good cause requires a different time for filing or permits 
filing during trial; and
		(2)  serve the motion on all parties and notify the 
alleged victim or, when appropriate, the alleged victim's guardian 
or representative.
	(e)  Before admitting evidence under this section, the court 
must conduct a hearing in camera and afford the victim and parties a 
right to attend and be heard.  The motion, related papers, and the 
record of the hearing must be sealed and remain under seal unless 
the court orders otherwise.
	(f)  Notwithstanding Section 22.004, Government Code, the 
supreme court may not amend or adopt rules in conflict with this 
section.
	SECTION 2.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.20 to read as follows:
	Art. 38.20.  EVIDENCE OF ALLEGED VICTIM'S PAST SEXUAL 
BEHAVIOR OR ALLEGED SEXUAL PREDISPOSITION.  (a)  Except as provided 
by Subsection (b), the following is not admissible in any criminal 
proceeding involving alleged sexual misconduct:
		(1)  evidence offered to prove that an alleged victim 
engaged in other sexual behavior; and
		(2)  evidence offered to prove an alleged victim's 
sexual predisposition.
	(b)  The following is admissible if otherwise admissible 
under the Texas Rules of Evidence:
		(1)  evidence of specific instances of sexual behavior 
by the alleged victim offered to prove that a person other than the 
accused was the source of semen, injury, or other physical 
evidence;
		(2)  evidence of specific instances of sexual behavior 
by the alleged victim with respect to the person accused of the 
sexual misconduct offered by the accused to prove consent or by the 
prosecution; and
		(3)  evidence the exclusion of which would violate the 
constitutional rights of the defendant.
	(c)  A party intending to offer evidence under Subsection (b) 
must:   
		(1)  file a written motion on or before the 14th day 
before the date the trial begins specifically describing the 
evidence and stating the purpose for which it is offered unless the 
court for good cause requires a different time for filing or permits 
filing during trial; and
		(2)  serve the motion on all parties and notify the 
alleged victim or, when appropriate, the alleged victim's guardian 
or representative.
	(d)  Before admitting evidence under this article, the court 
must conduct a hearing in camera and afford the victim and parties a 
right to attend and be heard.  The motion, related papers, and the 
record of the hearing must be sealed and remain under seal unless 
the court orders otherwise.
	(e)  Notwithstanding Section 22.109, Government Code, the 
court of criminal appeals may not amend or adopt rules in conflict 
with this article.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  This Act applies only to a proceeding that begins on or 
after October 1, 2003.  A proceeding that begins before October 1, 
2003, is governed by the law applicable to the proceeding 
immediately before October 1, 2003, and that law is continued in 
effect for that purpose.