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A BILL TO BE ENTITLED
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AN ACT
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relating to the privilege of a child to refuse to testify against |
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the child's parent or guardian. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.0741 to read as follows: |
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Art. 38.0741. PRIVILEGE OF CHILD. (a) In this article, |
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"child" has the meaning assigned by Section 22.011(c), Penal Code. |
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(b) A child has a privilege to refuse to testify against the |
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child's parent or guardian in a criminal proceeding. |
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(c) The privilege to refuse to testify may be claimed only |
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by the child. |
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(d) The privilege of a child to refuse to testify against |
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the child's parent or guardian does not apply: |
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(1) in any proceeding in which the parent or guardian |
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is charged with an offense against the child or a member of the |
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child's household; or |
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(2) if the parent or guardian has been convicted of an |
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offense against the child. |
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(e) This article does not prohibit the child from testifying |
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voluntarily against the child's parent or guardian. A child who |
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testifies voluntarily is subject to cross-examination. |
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SECTION 2. Subchapter B, Chapter 22, Civil Practice and |
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Remedies Code, is amended by adding Section 22.012 to read as |
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follows: |
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Sec. 22.012. PRIVILEGE OF CHILD. (a) In this section, |
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"child" means a person younger than 17 years of age. |
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(b) A child has a privilege to refuse to testify against the |
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child's parent or guardian in a civil proceeding. |
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(c) The privilege to refuse to testify may be claimed only |
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by the child. |
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(d) The privilege of a child to refuse to testify against |
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the child's parent or guardian does not apply if: |
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(1) at the time of the civil proceeding the parent or |
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guardian is the defendant in a pending criminal matter in which the |
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parent or guardian is charged with an offense against the child or a |
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member of the child's household; or |
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(2) the parent or guardian has been convicted of an |
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offense against the child. |
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(e) This section does not prohibit the child from testifying |
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voluntarily against the child's parent or guardian. A child who |
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testifies voluntarily is subject to cross-examination. |
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SECTION 3. This Act takes effect September 1, 2013. |