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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility in certain proceedings of certain |
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hearsay statements made by a young child or disabled individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.072, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 38.072. HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE |
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VICTIMS [VICTIM] |
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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 or disabled individual |
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[12 years of age or younger]: |
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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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Sec. 2. (a) This article applies only to statements that |
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describe the alleged offense that: |
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(1) were made by the child or disabled individual |
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against whom the offense was allegedly committed; and |
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(2) were made to the first person, 18 years of age or |
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older, other than the defendant, to whom the child or disabled |
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individual made a statement about the offense. |
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(b) A statement that meets the requirements of Subsection |
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(a) of this article 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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proceeding begins, the party intending to offer the statement: |
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(A) notifies the adverse party of its intention |
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to do so; |
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(B) provides the adverse 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 the adverse party with a written |
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summary of the statement; |
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(2) the trial 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 testifies or is |
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available to testify at the proceeding in court or in any other |
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manner provided by law. |
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Sec. 3. In this article, "child" and "disabled individual" |
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have the meanings assigned by Section 22.04, Penal Code. |
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SECTION 2. 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) In this section, in the context of an alleged victim of a |
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violation of the Penal Code, "child" and "disabled individual" have |
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the meanings assigned by Section 22.04, Penal Code. |
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SECTION 3. 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 4. This Act takes effect September 1, 2009. |