| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain privileges of a parent or guardian in a criminal |
|
|
or civil proceeding involving a child of the 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 38.0742 to read as follows: |
|
|
Art. 38.0742. PRIVILEGE OF PARENT OR GUARDIAN. (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 parent or guardian to a |
|
|
child of the parent or guardian and is not intended to be disclosed |
|
|
to any other person. |
|
|
(b) A parent or guardian has a privilege to refuse to |
|
|
testify against a child of the parent or guardian in a criminal |
|
|
proceeding. A parent or guardian has a privilege in a criminal |
|
|
proceeding to refuse to disclose and to prevent another from |
|
|
disclosing a confidential communication made to a child of the |
|
|
parent or guardian. |
|
|
(c) A privilege under this article may be claimed only by a |
|
|
parent or guardian. |
|
|
(d) A privilege under this article does not apply in any |
|
|
proceeding in which the child is charged with an offense against the |
|
|
child's parent or guardian or a member of the parent's or guardian's |
|
|
household. |
|
|
(e) This article does not prohibit a parent or guardian from |
|
|
testifying voluntarily against a child of the parent or guardian. A |
|
|
parent or guardian who testifies voluntarily is subject to |
|
|
cross-examination. |
|
|
SECTION 2. Subchapter B, Chapter 22, Civil Practice and |
|
|
Remedies Code, is amended by adding Section 22.013 to read as |
|
|
follows: |
|
|
Sec. 22.013. PRIVILEGE OF PARENT OR GUARDIAN. (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 parent or guardian to a |
|
|
child of the parent or guardian and is not intended to be disclosed |
|
|
to any other person. |
|
|
(b) A parent or guardian has a privilege to refuse to |
|
|
testify against a child of the parent or guardian in a civil |
|
|
proceeding. A parent or guardian has a privilege in a civil |
|
|
proceeding to refuse to disclose and to prevent another from |
|
|
disclosing a confidential communication made to a child of the |
|
|
parent or guardian. |
|
|
(c) A privilege under this section may be claimed only by a |
|
|
parent or guardian. |
|
|
(d) A privilege under this section does not apply if, at the |
|
|
time of the civil proceeding, the child of the parent or guardian is |
|
|
charged with a criminal offense against the parent or guardian or a |
|
|
member of the parent's or guardian's household. |
|
|
(e) This section does not prohibit a parent or guardian from |
|
|
testifying voluntarily against a child of the parent or guardian. A |
|
|
parent or guardian 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. |