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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility and use of certain evidence in the |
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prosecution of the offense of exploitation of a child, elderly |
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individual, or disabled individual. |
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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 38.471 to read as follows: |
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Art. 38.471. EVIDENCE IN PROSECUTION FOR EXPLOITATION OF |
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CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In the |
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prosecution of an offense under Section 32.53, Penal Code, evidence |
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that the defendant has engaged in other conduct that is similar to |
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the alleged criminal conduct may be admitted for the purpose of |
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showing the defendant's knowledge or intent regarding an element of |
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the offense. |
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(b) Rule 403, Texas Rules of Evidence, applies to this |
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article. This article does not permit the presentation of |
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character evidence that would otherwise be inadmissible under the |
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Texas Rules of Evidence or other 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 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, 2019. |