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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of certain evidence in the |
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prosecution of offenses involving family violence and other similar |
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offenses committed against a member of the defendant's family or |
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household. |
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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 38.371 to read as follows: |
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Art. 38.371. EVIDENCE IN PROSECUTIONS OF OFFENSES INVOLVING |
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FAMILY VIOLENCE AND OTHER SIMILAR OFFENSES. (a) This article |
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applies to a proceeding in the prosecution of a defendant for an |
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offense, or for an attempt or conspiracy to commit an offense, that |
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is committed under the following provisions of the Penal Code |
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against a person whose relationship to or association with the |
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defendant is described by Section 71.0021(b), 71.003, or 71.005, |
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Family Code: |
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(1) Chapter 19 (Criminal Homicide); |
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(2) Chapter 20 (Kidnapping, Unlawful Restraint, and |
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Smuggling of Persons); |
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(3) Chapter 20A (Trafficking of Persons); |
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(4) Section 21.02 (Continuous Sexual Abuse of Young |
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Child or Children); |
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(5) Section 21.11 (Indecency with a Child); |
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(6) Section 22.01 (Assault); |
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(7) Section 22.011 (Sexual Assault); |
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(8) Section 22.02 (Aggravated Assault); |
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(9) Section 22.021 (Aggravated Sexual Assault); |
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(10) Section 22.04 (Injury to a Child, Elderly |
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Individual, or Disabled Individual); |
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(11) Section 25.07 (Violation of Certain Court Orders |
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or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, |
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or Stalking Case); |
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(12) Section 25.072 (Repeated Violation of Certain |
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Court Orders or Conditions of Bond in Family Violence Case); |
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(13) Section 25.11 (Continuous Violence Against the |
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Family); |
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(14) Section 36.05 (Tampering with Witness); |
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(15) Section 36.06 (Obstruction or Retaliation); |
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(16) Section 38.112 (Violation of Protective Order |
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Issued on Basis of Sexual Assault or Abuse, Stalking, or |
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Trafficking); |
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(17) Section 42.07 (Harassment); |
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(18) Section 42.072 (Stalking); |
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(19) Section 43.05 (Compelling Prostitution); or |
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(20) Section 43.25 (Sexual Performance by a Child). |
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(b) Notwithstanding Rules 404 and 405, Texas Rules of |
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Evidence, evidence of other crimes, wrongs, or acts committed by |
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the defendant against the victim of the alleged offense shall be |
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admitted for its bearing on relevant matters, including: |
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(1) the state of mind of the defendant and the victim; |
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(2) the previous and subsequent relationship between |
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the defendant and the victim; and |
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(3) the character of the defendant and acts performed |
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in conformity with the character of the defendant. |
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(c) Notwithstanding Rules 404 and 405, Texas Rules of |
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Evidence, in the trial of an alleged offense described by |
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Subsection (a), evidence that the defendant has committed a |
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separate offense described by Subsection (a) against an individual |
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other than the victim of the instant alleged offense may be admitted |
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for any bearing the evidence has on relevant matters, including the |
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character of the defendant and acts performed in conformity with |
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the character of the defendant. |
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(d) On timely request by the defendant within a reasonable |
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period before trial, the state shall, within a reasonable period |
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after the defendant's request, provide the defendant with notice of |
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the state's intent to introduce in the case in chief evidence |
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described by Subsection (b) or (c), except that the state is not |
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required to provide the defendant with notice under this subsection |
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if the applicable evidence arose in the same criminal transaction |
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as the instant alleged offense. |
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(e) This article does not limit the admissibility of |
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evidence of extraneous crimes, wrongs, or acts under any other |
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applicable law. |
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SECTION 2. The change in law made by this Act applies to the |
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admissibility of evidence in a criminal proceeding that commences |
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on or after the effective date of this Act. The admissibility of |
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evidence in a criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |