| |
| |
| |
|
|
AN ACT
|
|
|
relating to the admissibility of certain hearsay statements made by |
|
|
a child abuse victim. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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: |
|
|
(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 2. 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) if the statement is offered during the |
|
|
punishment phase of the proceeding, a crime, wrong, or act other |
|
|
than the alleged offense that is: |
|
|
(i) described by Section 1; |
|
|
(ii) allegedly committed by the defendant |
|
|
against the child who is the victim of the offense or another child |
|
|
younger than 14 years of age; 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 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 made a |
|
|
statement about the offense or extraneous crime, wrong, or act. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a criminal proceeding that commences on or after the effective |
|
|
date of this Act. A criminal 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 4. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2846 was passed by the House on May |
|
|
13, 2009, by the following vote: Yeas 140, Nays 1, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2846 was passed by the Senate on May |
|
|
27, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |