|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the admissibility of evidence of other crimes, wrongs, |
|
or acts in the prosecution of certain sexual offenses. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 1, 2, and 3, Article 38.37, Code of |
|
Criminal Procedure, are amended to read as follows: |
|
Sec. 1. (a) Subsection (b) [This article] applies to a |
|
proceeding in the prosecution of a defendant for an offense, or an |
|
attempt or conspiracy to commit an offense, under the following |
|
provisions of the Penal Code: |
|
(1) if committed against a child under 17 years of age: |
|
(A) Chapter 21 (Sexual Offenses); |
|
(B) Chapter 22 (Assaultive Offenses); or |
|
(C) Section 25.02 (Prohibited Sexual Conduct); |
|
or |
|
(2) if committed against a person younger than 18 |
|
years of age: |
|
(A) Section 43.25 (Sexual Performance by a |
|
Child); |
|
(B) Section 20A.02(a)(7) or (8) (Trafficking of |
|
Persons) involving trafficking a child for sexual purposes; [or] |
|
(C) Section 20A.03 (Continuous Trafficking of |
|
Persons), if the defendant engaged at least once in conduct |
|
constituting an offense under Section 20A.02(a)(7) or (8); or |
|
(D) Section 43.05(a)(2) (Compelling |
|
Prostitution). |
|
(b) [Sec. 2.] Notwithstanding Rules 404 and 405, Texas |
|
Rules of Evidence, evidence of other crimes, wrongs, or acts |
|
committed by the defendant against the child who is the victim of |
|
the alleged offense shall be admitted for its bearing on relevant |
|
matters, including: |
|
(1) the state of mind of the defendant and the child; |
|
and |
|
(2) the previous and subsequent relationship between |
|
the defendant and the child. |
|
Sec. 2. (a) Subsection (b) applies only to the trial of a |
|
defendant for: |
|
(1) an offense under any of the following provisions |
|
of the Penal Code: |
|
(A) Section 20A.02(a)(7) or (8) (Trafficking of |
|
Persons) involving trafficking a child for sexual purposes; |
|
(B) Section 20A.03 (Continuous Trafficking of |
|
Persons), if the defendant engaged at least once in conduct |
|
constituting an offense under Section 20A.02(a)(7) or (8); |
|
(C) Section 21.02 (Continuous Sexual Abuse of |
|
Young Child or Children); |
|
(D) Section 21.11 (Indecency With a Child); |
|
(E) Section 22.011 (Sexual Assault); |
|
(F) Section 22.021 (Aggravated Sexual Assault); |
|
(G) Section 25.02 (Prohibited Sexual Conduct); |
|
(H) Section 33.021 (Online Solicitation of a |
|
Minor); |
|
(I) Section 43.05 (Compelling Prostitution); |
|
(J) Section 43.25 (Sexual Performance by a |
|
Child); or |
|
(K) Section 43.26 (Possession or Promotion of |
|
Child Pornography); or |
|
(2) an attempt or conspiracy to commit an offense |
|
described by Subdivision (1). |
|
(b) Notwithstanding Rules 404 and 405, Texas Rules of |
|
Evidence, evidence that the defendant has committed a separate |
|
offense described by Subsection (a)(1) or (2) may be admitted in the |
|
trial of an alleged offense described by Subsection (a)(1) or (2) |
|
for any bearing the evidence has on relevant matters, including the |
|
character of the defendant and acts performed in conformity with |
|
the character of the defendant. |
|
Sec. 3. On timely request by the defendant, the state shall |
|
give the defendant notice of the state's intent to introduce in the |
|
case in chief evidence described by Section 1 or 2 in the same |
|
manner as the state is required to give notice under Rule 404(b), |
|
Texas Rules of Evidence. |
|
SECTION 2. The change in law made by this Act applies to the |
|
admissibility of evidence in a criminal proceeding that commences |
|
on or after the effective date of this Act. The admissibility of |
|
evidence in a criminal proceeding that commences before the |
|
effective date of this Act is governed by the law in effect when the |
|
proceeding commenced, and the former law is continued in effect for |
|
that purpose. |
|
SECTION 3. This Act takes effect September 1, 2013. |