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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 crimes, wrongs, |
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or acts 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. Sections 1, 2, and 3, Article 38.37, Code of |
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Criminal Procedure, are amended to 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, or an |
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attempt or conspiracy to commit an offense, under the following |
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provisions of the Penal Code: |
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(1) if committed against a child under 17 years of age: |
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(A) Chapter 21 (Sexual Offenses); |
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(B) Chapter 22 (Assaultive Offenses); or |
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(C) Section 25.02 (Prohibited Sexual Conduct); |
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or |
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(2) if committed against a person younger than 18 |
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years of age: |
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(A) Section 43.25 (Sexual Performance by a |
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Child); |
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(B) Section 20A.02(a)(7) or (8) (Trafficking of |
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Persons) involving trafficking a child for sexual purposes; [or] |
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(C) Section 20A.03 (Continuous Trafficking of |
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Persons), if the defendant engaged at least once in conduct |
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constituting an offense under Section 20A.02(a)(7) or (8); or |
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(D) Section 43.05(a)(2) (Compelling |
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Prostitution). |
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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. (a) Subsection (b) applies only to the trial of a |
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defendant for: |
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(1) an offense under any of the following provisions |
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of the Penal Code: |
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(A) Section 20A.02(a)(7) or (8) (Trafficking of |
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Persons) involving trafficking a child for sexual purposes; |
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(B) Section 20A.03 (Continuous Trafficking of |
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Persons), if the defendant engaged at least once in conduct |
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constituting an offense under Section 20A.02(a)(7) or (8); |
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(C) Section 21.02 (Continuous Sexual Abuse of |
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Young Child or Children); |
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(D) Section 21.11 (Indecency With a Child); |
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(E) Section 22.011 (Sexual Assault); |
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(F) Section 22.021 (Aggravated Sexual Assault); |
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(G) Section 25.02 (Prohibited Sexual Conduct); |
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(H) Section 33.021 (Online Solicitation of a |
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Minor); |
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(I) Section 43.05 (Compelling Prostitution); |
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(J) Section 43.25 (Sexual Performance by a |
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Child); or |
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(K) Section 43.26 (Possession or Promotion of |
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Child Pornography); or |
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(2) an attempt or conspiracy to commit an offense |
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described by Subdivision (1). |
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(b) Notwithstanding Rules 404 and 405, Texas Rules of |
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Evidence, evidence that the defendant has committed a separate |
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offense described by Subsection (a)(1) or (2) may be admitted in the |
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trial of an alleged offense described by Subsection (a)(1) or (2) |
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for 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. |
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Sec. 3. On timely request by the defendant, the state shall |
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give the defendant notice of the state's intent to introduce in the |
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case in chief evidence described by Section 1 or 2 in the same |
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manner as the state is required to give notice under Rule 404(b), |
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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 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 3. This Act takes effect September 1, 2013. |