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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 parent or guardian to refuse to |
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testify against the parent or guardian's child. |
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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 38.0742 to read as follows: |
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Art. 38.0742. PRIVILEGE OF PARENT OR GUARDIAN. (a) A parent |
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or guardian has a privilege to refuse to testify against the parent |
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or guardian's child in a criminal proceeding. |
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(b) The privilege to refuse to testify may be claimed only |
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by the parent or guardian. |
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(c) The privilege of a parent or guardian to refuse to |
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testify against the parent or guardian's child does not apply in any |
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proceeding in which the child is charged with an offense against the |
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parent or guardian or a member of the parent or guardian's |
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household. |
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(d) This article does not prohibit the parent or guardian |
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from testifying voluntarily against the child. A parent or guardian |
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who 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 22.013 to read as |
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follows: |
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Sec. 22.013. PRIVILEGE OF PARENT OR GUARDIAN. |
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(a) A parent or guardian has a privilege to refuse to |
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testify against the parent or guardian's child in a civil |
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proceeding. |
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(b) The privilege to refuse to testify may be claimed only |
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by the parent or guardian. |
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(c) The privilege of a parent or guardian to refuse to |
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testify against the child does not apply if at the time of the civil |
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proceeding the child is the defendant in a pending criminal matter |
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in which the child is charged with an offense against the parent or |
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guardian or a member of the parent or guardian's household. |
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(d) This section does not prohibit the parent or guardian |
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from testifying voluntarily against the parent or guardian's child. |
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A parent or guardian who testifies voluntarily is subject to |
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cross-examination. |
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SECTION 3. This Act takes effect September 1, 2013. |