79R1062 DAK-D
By: Pena H.B. No. 149
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. This Act applies only to a proceeding that begins
on or after October 1, 2005. A proceeding that begins before
October 1, 2005, is governed by the law applicable to the proceeding
immediately before October 1, 2005, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.