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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of evidence of other similar offenses |
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in the prosecution of certain sexual offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.37, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 38.37. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS |
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Sec. 1. (a) Subsection (b) of this section [This article] |
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applies to a proceeding in the prosecution of a defendant for an |
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offense under the following provisions of the Penal Code, if |
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committed against a child under 17 years of age: |
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(1) Chapter 21 (Sexual Offenses); |
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(2) Chapter 22 (Assaultive Offenses); |
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(3) Section 25.02 (Prohibited Sexual Conduct); |
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(4) Section 43.25 (Sexual Performance by a Child); or |
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(5) an attempt or conspiracy to commit an offense |
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listed in this section. |
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(b) [Sec. 2.] Notwithstanding Rules 404 and 405, Texas |
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Rules of Evidence, evidence of other crimes, wrongs, or acts |
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committed by the defendant against the child who is the victim of |
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the alleged offense shall be admitted for its bearing on relevant |
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matters, including: |
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(1) the state of mind of the defendant and the child; |
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and |
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(2) the previous and subsequent relationship between |
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the defendant and the child. |
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Sec. 2. Notwithstanding Rules 404 and 405, Texas Rules of |
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Evidence, evidence of other similar offenses committed by the |
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defendant shall be admitted in the trial of the alleged offense for |
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any bearing the evidence has on relevant matters, including the |
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character of the defendant and acts performed in conformity with |
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the character of the defendant, as follows: |
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(1) in the trial of an offense under Section 22.011 |
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(Sexual Assault) or 22.021 (Aggravated Sexual Assault), Penal Code, |
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or an attempt or conspiracy to commit an offense under either of |
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those sections, evidence of: |
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(A) the commission of another offense under |
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either of those sections; or |
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(B) an attempt or conspiracy to commit an offense |
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under either of those sections; and |
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(2) in the trial of an offense under Section 21.11 |
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(Indecency with a Child), 22.011(a)(2) (Sexual Assault of a Child), |
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22.021(a)(1)(B) and (2) (Aggravated Sexual Assault of a Child), |
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33.021 (Online Solicitation of a Minor), 43.25 (Sexual Performance |
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by a Child), or 43.26 (Possession or Promotion of Child |
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Pornography), Penal Code, or an attempt or conspiracy to commit an |
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offense under any of those sections, evidence of: |
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(A) the commission of another offense under any |
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of those sections; or |
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(B) an attempt or conspiracy to commit an offense |
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under any of those sections. |
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Sec. 3. On timely request by the defendant, the state shall |
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give the defendant notice of the state's intent to introduce in the |
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case in chief evidence described by Section 1 or 2 in the same |
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manner as the state is required to give notice under Rule 404(b), |
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Texas Rules of Evidence. |
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Sec. 4. This article does not limit the admissibility of |
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evidence of extraneous crimes, wrongs, or acts under any other |
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applicable law. |
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SECTION 2. The change in law made by this Act applies to the |
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admissibility of evidence in a criminal proceeding that commences |
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on or after the effective date of this Act. The admissibility of |
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evidence in a criminal proceeding that commences before the |
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effective date of this Act is covered by the law in effect when the |
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proceeding commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |