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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 news media recordings in a |
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criminal proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.28 to read as follows: |
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Art. 38.28. NEWS MEDIA RECORDINGS. Extrinsic evidence of |
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the authenticity of evidence as a condition precedent to the |
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admissibility of the evidence in a criminal proceeding is not |
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required with respect to a recording that purports to be a news |
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media recording broadcast by a radio or television station that |
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held at the time of the recording a license issued by the Federal |
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Communications Commission. |
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SECTION 2. Rules 901 and 902, Texas Rules of Evidence, are |
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disapproved to the extent that those rules require extrinsic |
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evidence of the authenticity of evidence as a condition precedent |
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to the admissibility of the evidence in a criminal proceeding with |
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respect to a recording that purports to be a news media recording |
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broadcast by a radio or television station that held at the time of |
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the recording a license issued by the Federal Communications |
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Commission. |
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SECTION 3. 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 commenced 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 4. This Act takes effect September 1, 2009. |