2003S0641-1 03/13/03


By:  Shapiro                                                      S.B. No. 1524


A BILL TO BE ENTITLED

AN ACT

relating to a hearsay statement made by a victim of family violence.          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.0721 to read as follows:
	Art. 38.0721.  HEARSAY STATEMENT OF FAMILY VIOLENCE VICTIM              
	Sec. 1.  In this article, "family violence" has the meaning 
assigned by Section 71.004, Family Code.
	Sec. 2.  (a)  This article applies to a proceeding in the 
prosecution of an act of family violence.
	(b)  If a proceeding described by this article is also 
described by Article 38.072, the provisions of this article apply 
to the proceeding.
	Sec. 3.  (a)  This article applies only to statements that 
narrate, describe, report, or explain an act of family violence and 
that:
		(1)  were made by the victim against whom the offense 
was allegedly committed;
		(2)  were made within 48 hours after the incident 
occurred; and      
		(3)  were either:                                                      
			(A)  recorded electronically or in writing; or                        
			(B)  made to a peace officer, emergency medical 
technician, firefighter, or employee of a law enforcement agency.
	(b)  A statement that meets the requirements of Subsection 
(a) is not inadmissable as hearsay if:
		(1)  on or before the 14th day before the date the 
proceeding begins, the party intending to offer the statement:
			(A)  notifies the adverse party of its intention 
to do so;          
			(B)  provides the adverse party with the name of 
the witness through whom it intends to offer the statement; and
			(C)  provides the adverse party with a written 
summary of the statement; and
		(2)  the trial court finds, in a hearing conducted 
outside the presence of the jury, that the statement is reliable 
based on the time, content, and circumstances of the statement, 
provided, however, that recantation by a declarant shall not be a 
sufficient reason for denying admission of a statement.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense occurred before that date.
	SECTION 3.  This Act takes effect September 1, 2003.