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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility in a court proceeding of certain |
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statements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8, Article 38.22, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 8. (a) Notwithstanding any other provision of this |
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article, a written, oral, or sign language statement of an accused |
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made as a result of a custodial interrogation is admissible against |
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the accused in a criminal proceeding in this state if: |
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(1) the statement was obtained in another state and |
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was obtained in compliance with the laws of that state or this |
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state; or |
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(2) the statement was obtained by a federal law |
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enforcement officer in this state or another state and was obtained |
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in compliance with the laws of the United States. |
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(b) A court other than a court in which a criminal |
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proceeding is conducted may admit as evidence a statement made by a |
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child that would otherwise be excluded before the court if the |
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statement is obtained in the manner described by Subsection (a)(1) |
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or (2). |
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SECTION 2. The change in law made by this Act applies only |
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to a statement made on or after the effective date of this Act. A |
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statement made before the effective date of this Act is covered by |
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the law in effect at the time the statement was made, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |