79R3347 KEL-D


By:  Allen of Dallas                                              H.B. No. 1367



A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of evidence of other similar offenses 
in the prosecution of certain sexual offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 38.37, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 38.37.  EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS                           
	Sec. 1.  (a)  Subsection (b) of this section [This article] 
applies to a proceeding in the prosecution of a defendant for an 
offense under the following provisions of the Penal Code, if 
committed against a child under 17 years of age:
		(1)  Chapter 21 (Sexual Offenses);                                            
		(2)  Chapter 22 (Assaultive Offenses);                                        
		(3)  Section 25.02 (Prohibited Sexual Conduct);                               
		(4)  Section 43.25 (Sexual Performance by a Child); or                        
		(5)  an attempt or conspiracy to commit an offense 
listed in this section.  
	(b) [Sec. 2.]  Notwithstanding Rules 404 and 405, Texas 
Rules of [Criminal] Evidence, evidence of other crimes, wrongs, or 
acts committed by the defendant against the child who is the victim 
of the alleged offense shall be admitted for its bearing on relevant 
matters, including:
		(1)  the state of mind of the defendant and the child;  
and                 
		(2)  the previous and subsequent relationship between 
the defendant and the child.
	Sec. 2.  Notwithstanding Rules 404 and 405, Texas Rules of 
Evidence, evidence of other similar offenses committed by the 
defendant shall be admitted in the trial of the alleged offense for 
any bearing the evidence has on relevant matters, including the 
character of the defendant and acts performed in conformity with 
the character of the defendant, as follows:
		(1)  in the trial of an offense under Section 22.011 
(Sexual Assault) or 22.021 (Aggravated Sexual Assault), Penal Code, 
or an attempt or conspiracy to commit an offense under either of 
those sections, evidence of:
			(A)  the commission of another offense under 
either of those sections; or
			(B)  an attempt or conspiracy to commit an offense 
under either of those sections; and
		(2)  in the trial of an offense under Section 21.11 
(Indecency with a Child), 22.011(a)(2) (Sexual Assault of a Child), 
22.021(a)(1)(B) and (2) (Aggravated Sexual Assault of a Child), 
43.25 (Sexual Performance by a Child), or 43.26 (Possession or 
Promotion of Child Pornography), Penal Code, or an attempt or 
conspiracy to commit an offense under any of those sections, 
evidence of:
			(A)  the commission of another offense under any 
of those sections; or
			(B)  an attempt or conspiracy to commit an offense 
under any of those sections.
	Sec. 3.  On timely request by the defendant, the state shall 
give the defendant notice of the state's intent to introduce in the 
case in chief evidence described by Section 1 or 2 in the same 
manner as the state is required to give notice under Rule 404(b), 
Texas Rules of [Criminal] Evidence.
	Sec. 4.  This article does not limit the admissibility of 
evidence of extraneous crimes, wrongs, or acts under any other 
applicable law.
	SECTION 2.  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 3.  This Act takes effect September 1, 2005.