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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 child abuse victim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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: |
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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 2. 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 the child who is the victim of the offense or another child |
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younger than 14 years of age; 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 against whom the |
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charged offense or extraneous crime, wrong, or act was allegedly |
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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 made a |
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statement about the offense or extraneous crime, wrong, or act. |
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SECTION 3. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed 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 4. This Act takes effect September 1, 2009. |