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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 statements made by a child |
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in a juvenile justice or criminal proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.095(b), Family Code, is amended to |
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read as follows: |
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(b) This section and Section 51.09 do not preclude the |
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admission of a statement made by the child if: |
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(1) the statement does not stem from interrogation of |
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the child under a circumstance described by Subsection (d); or |
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(2) without regard to whether the statement stems from |
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interrogation of the child under a circumstance described by |
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Subsection (d), the statement is: |
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(A) voluntary and has a bearing on the |
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credibility of the child as a witness; |
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(B) obtained in another state in compliance with |
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the laws of that state or this state; or |
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(C) obtained by a federal law enforcement officer |
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in this state or another state in compliance with the laws of the |
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United States. |
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SECTION 2. The change in law made by this Act applies only |
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to a statement relating to conduct violating a penal law that |
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occurred on or after the effective date of this Act. A statement |
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relating to conduct violating a penal law that occurred before the |
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effective date of this Act is governed by the law in effect at the |
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time the conduct occurred, and the former law is continued in effect |
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for that purpose. For purposes of this section, conduct violating a |
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penal law occurred before the effective date of this Act if any |
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element of the violation occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |