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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 recorded statements made |
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by child abuse victims. |
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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 38.0725 to read as follows: |
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Art. 38.0725. ADMISSIBILITY OF CERTAIN RECORDED STATEMENTS |
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OF CHILD ABUSE VICTIMS. (a) This article applies only to a |
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proceeding in the prosecution of an offense listed in Section 1, |
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Article 38.072, and committed against a child younger than 14 years |
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of age. |
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(b) A recording of an oral statement that is not otherwise |
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admissible under another law or a rule of evidence of this state is |
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admissible into evidence in any proceeding to which this article |
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applies if: |
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(1) the statement was made by the victim against whom |
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the charged offense was allegedly committed; |
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(2) after an in camera review, the court finds that: |
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(A) the statement is relevant and is reliable |
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based on the time, content, and circumstances of the statement; |
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(B) the recording is both visual and aural and is |
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recorded on film or videotape or by other electronic means; and |
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(C) the individual interviewing the victim or, if |
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the victim's statement is not derived from an interview, the |
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individual conducting the recording is a neutral individual |
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experienced in child abuse cases; and |
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(3) the victim testifies or is available to testify at |
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the proceeding in court or in any other manner provided by law. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect when the |
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proceeding commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |