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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of certain hearsay statements made by |
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a victim of abuse who is a child or a disabled individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 38.072, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 38.072. HEARSAY STATEMENTS OF CERTAIN VICTIMS |
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[STATEMENT OF CHILD ABUSE VICTIM]. |
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SECTION 2. Section 1, Article 38.072, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. This article applies to a proceeding in the |
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prosecution of an offense under any of the following provisions of |
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the Penal Code, if committed against a child [12 years of age or] |
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younger than 14 years of age or a disabled individual: |
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(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive |
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Offenses); |
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(2) Section 25.02 (Prohibited Sexual Conduct);[or] |
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(3) Section 43.25 (Sexual Performance by a Child); or |
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(4) Section 15.01 (Criminal Attempt), if the offense |
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attempted is described by Subdivision (1), (2), or (3) of this |
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section. |
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SECTION 3. Section 2(a), Article 38.072, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) This article applies only to statements that: |
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(1) describe: |
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(A) the alleged offense; or |
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(B) a crime, wrong, or act other than the alleged |
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offense that is: |
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(i) described by Section 1; |
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(ii) allegedly committed by the defendant |
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against, as applicable: |
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(a) the child who is the victim of the |
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offense or another child younger than 14 years of age; or |
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(b) a disabled individual; and |
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(iii) otherwise admissible as evidence |
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under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or |
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another law or rule of evidence of this state; |
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(2) [(1)] were made by the child or disabled |
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individual against whom the charged offense or extraneous crime, |
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wrong, or act was allegedly committed; and |
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(3) [(2)] were made to the first person, 18 years of |
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age or older, other than the defendant, to whom the child or |
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disabled individual made a statement about the offense or |
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extraneous crime, wrong, or act. |
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SECTION 4. Article 38.072, Code of Criminal Procedure, is |
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amended by adding Section 3 to read as follows: |
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Sec. 3. In this article, "disabled individual" has the |
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meaning assigned by Section 22.04, Penal Code. |
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SECTION 5. Section 54.031, Family Code, is amended to read |
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as follows: |
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Sec. 54.031. HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE |
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VICTIMS [VICTIM]. (a) This section applies to a hearing under this |
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title in which a child is alleged to be a delinquent child on the |
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basis of a violation of any of the following provisions of the Penal |
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Code, if a child or disabled individual [12 years of age or younger] |
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is the alleged victim of the violation: |
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(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive |
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Offenses); |
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(2) Section 25.02 (Prohibited Sexual Conduct); or |
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(3) Section 43.25 (Sexual Performance by a Child). |
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(b) This section applies only to statements that describe |
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the alleged violation that: |
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(1) were made by the child or disabled individual who |
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is the alleged victim of the violation; and |
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(2) were made to the first person, 18 years of age or |
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older, to whom the child or disabled individual made a statement |
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about the violation. |
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(c) A statement that meets the requirements of Subsection |
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(b) of this section is not inadmissible because of the hearsay rule |
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if: |
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(1) on or before the 14th day before the date the |
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hearing begins, the party intending to offer the statement: |
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(A) notifies each other party of its intention to |
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do so; |
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(B) provides each other party with the name of |
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the witness through whom it intends to offer the statement; and |
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(C) provides each other party with a written |
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summary of the statement; |
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(2) the juvenile court finds, in a hearing conducted |
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outside the presence of the jury, that the statement is reliable |
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based on the time, content, and circumstances of the statement; and |
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(3) the child or disabled individual who is the |
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alleged victim testifies or is available to testify at the hearing |
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in court or in any other manner provided by law. |
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(d) Notwithstanding Section 51.02, in this section, "child" |
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and "disabled individual" have the meanings assigned by Section |
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22.04, Penal Code. |
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SECTION 6. The change in law made by this Act applies only |
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to a proceeding that commences on or after the effective date of |
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this Act. A proceeding that commences before the effective date of |
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this Act is governed by the law in effect when the proceeding |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2007. |