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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of evidence of other similar offenses |
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in the prosecution of certain sexual offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.37, Code of Criminal Procedure, is |
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amended by amending Sections 1, 2, and 3 and adding Section 2-a to |
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read as follows: |
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Sec. 1. (a) Subsection (b) [This article] applies to a |
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proceeding in the prosecution of a defendant for an offense under |
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the following provisions of the Penal Code, if committed against a |
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child under 17 years of age: |
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(1) Chapter 21 (Sexual Offenses); |
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(2) Chapter 22 (Assaultive Offenses); |
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(3) Section 25.02 (Prohibited Sexual Conduct); |
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(4) Section 43.25 (Sexual Performance by a Child); or |
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(5) an attempt or conspiracy to commit an offense |
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listed in this subsection [section]. |
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(b) [Sec. 2.] Notwithstanding Rules 404 and 405, Texas |
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Rules of Evidence, evidence of other crimes, wrongs, or acts |
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committed by the defendant against the child who is the victim of |
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the alleged offense shall be admitted for its bearing on relevant |
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matters, including: |
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(1) the state of mind of the defendant and the child; |
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and |
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(2) the previous and subsequent relationship between |
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the defendant and the child. |
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Sec. 2. Notwithstanding Rules 404 and 405, Texas Rules of |
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Evidence, evidence of other similar offenses committed by the |
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defendant may be admitted in the trial of the alleged offense for |
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any bearing the evidence has on relevant matters, including the |
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character of the defendant and acts performed in conformity with |
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the character of the defendant, as follows: in the trial of an |
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offense under Section 20A.02 that is punishable as a felony of the |
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first degree under Section 20A.02(b)(1) (Sex Trafficking of a |
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Child), Section 21.02 (Continuous Sexual Abuse of Young Child or |
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Children), Section 21.11 (Indecency With a Child), Section |
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22.011(a)(2) (Sexual Assault of a Child), Section 22.021(a)(1)(B) |
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and (2) (Aggravated Sexual Assault of a Child), Section 33.021 |
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(Online Solicitation of a Minor), Section 43.25 (Sexual Performance |
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by a Child), or Section 43.26 (Possession or Promotion of Child |
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Pornography), Penal Code, or an attempt or conspiracy to commit an |
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offense under any of those sections, evidence of: |
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(A) the commission of another offense under any |
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of those sections; or |
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(B) an attempt or conspiracy to commit an offense |
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under any of those sections. |
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Sec. 2-a. Before evidence may be introduced described by |
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Section 2: |
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(1) a hearing shall be conducted out of the presence of |
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the jury; and |
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(2) the trial judge should only admit evidence of a |
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similar offense subject to the introduction of enough evidence to |
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support a finding that the similar offense has been proved beyond a |
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reasonable doubt. |
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Sec. 3. The [On timely request by the defendant, the] state |
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shall give the defendant notice of the state's intent to introduce |
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in the case in chief evidence described by Section 1 or 2 not later |
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than the 30th day before the date of the defendant's trial [in the
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same manner as the state is required to give notice under Rule
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404(b), Texas Rules of Evidence]. |
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SECTION 2. 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 commences 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 3. This Act takes effect September 1, 2011. |