86R26011 MAW-F
 
  By: Davis of Dallas H.B. No. 2875
 
  Substitute the following for H.B. No. 2875:
 
  By:  Pacheco C.S.H.B. No. 2875
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the admissibility and use of certain evidence in the
  prosecution of the offense of exploitation of a child, elderly
  individual, or disabled individual.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Code of Criminal Procedure, is
  amended by adding Article 38.471 to read as follows:
         Art. 38.471.  EVIDENCE IN PROSECUTION FOR EXPLOITATION OF
  CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In the
  prosecution of an offense under Section 32.53, Penal Code, evidence
  that the defendant has engaged in other conduct that is similar to
  the alleged criminal conduct may be admitted for the purpose of
  showing the defendant's knowledge or intent regarding an element of
  the offense.
         (b)  Rule 403, Texas Rules of Evidence, applies to this
  article.  This article does not permit the presentation of
  character evidence that would otherwise be inadmissible under the
  Texas Rules of Evidence or other applicable law.
         SECTION 2.  The change in law made by this Act applies to the
  admissibility of evidence in a criminal proceeding that commences
  on or after the effective date of this Act.  The admissibility of
  evidence in a criminal proceeding that commences before the
  effective date of this Act is governed by the law in effect when the
  proceeding commenced, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.