Amend HB 1035 on third reading as follows:
(1) On page 1, line 10, between "14 years of age" and the colon, insert "or a disabled individual".
(2) On page 2, strike lines 3 and 4 and substitute the
following:
against, as applicable:
(a) the child who is the victim of the
offense or another child younger than 14 years of age; or
(b) a disabled individual; and
(3) On page 2, line 8, between "child" and "against", insert
"or disabled individual".
(4) On page 2, line 12, between "child" and "made", insert
"or disabled individual".
(5) Strike SECTION 3 of the bill.
(6) Insert the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS of the bill
appropriately:
SECTION ____. The heading to Article 38.072, Code of
Criminal Procedure, is amended to read as follows:
Art. 38.072. HEARSAY STATEMENTS OF CERTAIN VICTIMS
[STATEMENT OF CHILD ABUSE VICTIM].
SECTION ____. Article 38.072, Code of Criminal Procedure,
is amended by adding Section 3 to read as follows:
Sec. 3. In this article, "disabled individual" has the
meaning assigned by Section 22.04, Penal Code.
SECTION ____. Section 54.031, Family Code, is amended to
read as follows:
Sec. 54.031. HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE
VICTIMS [VICTIM]. (a) This section applies to a hearing under this
title in which a child is alleged to be a delinquent child on the
basis of a violation of any of the following provisions of the Penal
Code, if a child or disabled individual [12 years of age or younger]
is the alleged victim of the violation:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct); or
(3) Section 43.25 (Sexual Performance by a Child).
(b) This section applies only to statements that describe
the alleged violation that:
(1) were made by the child or disabled individual who
is the alleged victim of the violation; and
(2) were made to the first person, 18 years of age or
older, to whom the child or disabled individual made a statement
about the violation.
(c) A statement that meets the requirements of Subsection
(b) of this section is not inadmissible because of the hearsay rule
if:
(1) on or before the 14th day before the date the
hearing begins, the party intending to offer the statement:
(A) notifies each other party of its intention to
do so;
(B) provides each other party with the name of
the witness through whom it intends to offer the statement; and
(C) provides each other party with a written
summary of the statement;
(2) the juvenile 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; and
(3) the child or disabled individual who is the
alleged victim testifies or is available to testify at the hearing
in court or in any other manner provided by law.
(d) Notwithstanding Section 51.02, in this section, "child"
and "disabled individual" have the meanings assigned by Section
22.04, Penal Code.
SECTION ____. The change in law made by this Act applies
only to a proceeding that commences on or after the effective date
of this Act. A proceeding that commences before the effective date
of this Act is governed by the law in effect when the proceeding
commenced, and the former law is continued in effect for that
purpose.