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SECTION 1. Chapter 38, Code
of Criminal Procedure, is amended by adding Article 38.371 to read as
follows:
Art. 38.371. EVIDENCE IN
PROSECUTIONS OF OFFENSES INVOLVING FAMILY VIOLENCE AND OTHER SIMILAR
OFFENSES.
(a) This article applies
to a proceeding in the prosecution of a defendant for an offense, or for an
attempt or conspiracy to commit an offense, that is committed under the
following provisions of the Penal Code against a person whose relationship
to or association with the defendant is described by Section 71.0021(b),
71.003, or 71.005, Family Code:
(1) Chapter 19 (Criminal Homicide);
(2) Chapter 20 (Kidnapping, Unlawful Restraint, and Smuggling of
Persons);
(3) Chapter 20A (Trafficking of Persons);
(4) Section 21.02 (Continuous Sexual Abuse of Young Child or
Children);
(5) Section 21.11 (Indecency with a Child);
(6) Section 22.01
(Assault);
(7) Section 22.011 (Sexual Assault);
(8) Section 22.02
(Aggravated Assault);
(9) Section 22.021 (Aggravated Sexual Assault);
(10) Section 22.04 (Injury to a Child, Elderly Individual, or
Disabled Individual);
(11) Section 25.07 (Violation of Certain Court Orders or
Conditions of Bond in a Family Violence, Sexual Assault or Abuse, or
Stalking Case);
(12) Section 25.072 (Repeated Violation of Certain Court Orders or
Conditions of Bond in Family Violence Case);
(13) Section 25.11 (Continuous Violence Against the Family);
(14) Section 36.05 (Tampering with Witness);
(15) Section 36.06 (Obstruction or Retaliation);
(16) Section 38.112 (Violation of Protective Order Issued on Basis
of Sexual Assault or Abuse, Stalking, or Trafficking);
(17) Section 42.07 (Harassment);
(18) Section 42.072 (Stalking);
(19) Section 43.05 (Compelling Prostitution); or
(20) Section 43.25 (Sexual Performance by a Child).
(b) Notwithstanding Rules 404 and 405, Texas Rules of Evidence,
evidence of other crimes, wrongs, or acts committed by the defendant
against 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 victim;
(2) the previous and subsequent relationship between the defendant
and the victim; and
(3) the character of the defendant and acts performed in
conformity with the character of the defendant.
(c) Notwithstanding Rules
404 and 405, Texas Rules of Evidence, in the trial of an alleged offense
described by Subsection (a), evidence that the defendant has committed a
separate offense described by Subsection (a) against an individual other
than the victim of the instant alleged offense may be admitted 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.
(d) On timely request by
the defendant within a reasonable period before trial, the state shall,
within a reasonable period after the defendant's request, provide the
defendant with notice of the state's intent to introduce in the case in
chief evidence described by Subsection (b) or (c), except that the state is
not required to provide the defendant with notice under this subsection if
the applicable evidence arose in the same criminal transaction as the
instant alleged offense.
(e) This article does not
limit the admissibility of evidence of extraneous crimes, wrongs, or acts
under any other applicable law.
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SECTION 1. Chapter 38, Code
of Criminal Procedure, is amended by adding Article 38.371 to read as
follows:
Art. 38.371. EVIDENCE IN
PROSECUTIONS OF CERTAIN ASSAULTIVE OFFENSES INVOLVING FAMILY VIOLENCE.
(a) This article applies
to a proceeding in the prosecution of a defendant for an offense, or for an
attempt or conspiracy to commit an offense, that is committed under Section
22.01 or 22.02, Penal Code, against a person whose relationship to or
association with the defendant is described by Section 71.0021(b), 71.003,
or 71.005, Family Code.
(b) In the prosecution of an offense described by Subsection (a),
subject to the Texas Rules of Evidence or other applicable law, each party
may offer testimony or other evidence of all relevant facts and
circumstances that would assist the trier of fact in determining whether
the actor committed the offense described by Subsection (a), including testimony
or evidence regarding the nature of the relationship between the actor and
the alleged victim.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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