By: Riddle H.B. No. 1035

A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of certain hearsay statements made by a victim of abuse who is a child or a disabled individual.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 2. Section 1, Article 38.072, Code of Criminal Procedure, is amended to read as follows:

Sec. 1. This article applies to a proceeding in the prosecution of an offense under any of the following provisions of the Penal Code, if committed against a child [12 years of age or] younger than 14 years of age or a disabled individual:

(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); or

(4) Section 15.01 (Criminal Attempt), if the offense attempted is described by Subdivision (1), (2), or (3) of this section.

SECTION 3. Section 2(a), Article 38.072, Code of Criminal Procedure, is amended to read as follows:

(a) This article applies only to statements that:

(1) describe:

(A) the alleged offense; or

(B) a crime, wrong, or act other than the alleged offense that is:

(i) described by Section 1;

(ii) allegedly committed by the defendant 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

(iii) otherwise admissible as evidence under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or another law or rule of evidence of this state;

(2) [(1)] were made by the child or disabled individual against whom the charged offense or extraneous crime, wrong, or act was allegedly committed; and

(3) [(2)] were made to the first person, 18 years of age or older, other than the defendant, to whom the child or disabled individual made a statement about the offense or extraneous crime, wrong, or act.

SECTION 4. 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 5. 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 6. 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.

SECTION 7. This Act takes effect September 1, 2007.