| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain privileges of a child in a criminal or civil |
|
|
proceeding involving the child's parent or guardian. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 38, Code of Criminal Procedure, is |
|
|
amended by adding Article 38.0741 to read as follows: |
|
|
Art. 38.0741. PRIVILEGE OF CHILD. (a) In this article: |
|
|
(1) "Child" has the meaning assigned by Section |
|
|
22.011(c), Penal Code. |
|
|
(2) "Confidential communication" means a |
|
|
communication that is made privately by a child to the child's |
|
|
parent or guardian and is not intended to be disclosed to any other |
|
|
person. |
|
|
(b) A child has a privilege to refuse to testify against the |
|
|
child's parent or guardian in a criminal proceeding. A child has a |
|
|
privilege in a criminal proceeding to refuse to disclose and to |
|
|
prevent another from disclosing a confidential communication made |
|
|
to the child's parent or guardian. |
|
|
(c) A privilege under this article may be claimed only by a |
|
|
child. |
|
|
(d) A privilege under this article does not apply: |
|
|
(1) in any proceeding in which the parent or guardian |
|
|
of a child is charged with an offense against the child or a member |
|
|
of the child's household; or |
|
|
(2) if the parent or guardian has been convicted of an |
|
|
offense against the child. |
|
|
(e) This article does not prohibit a child from testifying |
|
|
voluntarily against the child's parent or guardian. A child who |
|
|
testifies voluntarily is subject to cross-examination. |
|
|
SECTION 2. Subchapter B, Chapter 22, Civil Practice and |
|
|
Remedies Code, is amended by adding Section 22.012 to read as |
|
|
follows: |
|
|
Sec. 22.012. PRIVILEGE OF CHILD. (a) In this section: |
|
|
(1) "Child" means a person younger than 17 years of |
|
|
age. |
|
|
(2) "Confidential communication" means a |
|
|
communication that is made privately by a child to the child's |
|
|
parent or guardian and is not intended to be disclosed to any other |
|
|
person. |
|
|
(b) A child has a privilege to refuse to testify against the |
|
|
child's parent or guardian in a civil proceeding. A child has a |
|
|
privilege in a civil proceeding to refuse to disclose and to prevent |
|
|
another from disclosing a confidential communication made to the |
|
|
child's parent or guardian. |
|
|
(c) A privilege under this section may be claimed only by a |
|
|
child. |
|
|
(d) A privilege under this section does not apply if: |
|
|
(1) at the time of the civil proceeding the parent or |
|
|
guardian of a child is charged with a criminal offense against the |
|
|
child or a member of the child's household; or |
|
|
(2) the parent or guardian has been convicted of an |
|
|
offense against the child. |
|
|
(e) This section does not prohibit a child from testifying |
|
|
voluntarily against the child's parent or guardian. A child who |
|
|
testifies voluntarily is subject to cross-examination. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a criminal proceeding or civil action that commences on or after the |
|
|
effective date of this Act. A proceeding or action that commences |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date the proceeding or action commences, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2015. |