| |
| |
|
|
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) Notwithstanding Article 38.14, uncorroborated |
|
|
testimony of an accomplice is sufficient to establish the |
|
|
defendant's knowledge or intent regarding an element of the |
|
|
offense. |
|
|
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. |