By: Meza H.B. No. 2889
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to amending the Texas Rules of Evidence to provide
  protections for victims of sexual assault.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The Texas Rules of Evidence Article IV is amended
  to read as follows:
         Rule 412. Evidence of Previous Sexual Conduct in Criminal
  Cases
         (a)  In General. Prohibited Uses. The following evidence is
  not admissible in a prosecution for sexual assault, aggravated
  sexual assault, or attempt to commit sexual assault or aggravated
  sexual assault: civil or criminal proceeding involving alleged
  sexual misconduct:
               (1)  reputation or opinion evidence of a victim's past
  evidence offered to prove that a victim engaged in other sexual
  behavior; or
               (2)  specific instances of evidence offered to prove a
  victim's past sexual behavior predisposition.
         (b)  Exceptions for Specific Instances. Evidence of
  specific instances of a victim's past sexual behavior is admissible
  if:
               (1)  the court admits the evidence in accordance with
  subdivisions (c) and (d); (1) Criminal Cases. The court may admit
  the following evidence in a criminal case:
                     (A)  evidence of specific instances of a victim's
  sexual behavior, if offered to prove that someone other than the
  defendant was the source of semen, injury, or other physical
  evidence;
                     (B)  evidence of specific instances of a victim's
  sexual behavior with respect to the person accused of the sexual
  misconduct, if offered by the defendant to prove consent or if
  offered by the prosecutor; and
                     (C)  evidence whose exclusion would violate the
  defendant's constitutional rights.
               (2)  the evidence: Civil Cases. In a civil case, the
  court may admit evidence offered to prove a victim's sexual
  behavior or sexual predisposition if its probative value
  substantially outweighs the danger of harm to any victim and of
  unfair prejudice to any party. The court may admit evidence of a
  victim's reputation only if the victim has placed it in
  controversy.
                     (A)     is necessary to rebut or explain scientific
  or medical evidence offered by the prosecutor;
                     (B)     concerns past sexual behavior with the
  defendant and is offered by the defendant to prove consent;
                     (C)  relates to the victim's motive or bias;
                     (D)  is admissible under Rule 609; or
                     (E)     is constitutionally required to be admitted;
  and
               (3)     the probative value of the evidence outweighs the
  danger of unfair prejudice.
         (c)  Procedure for Offering Evidence. Before offering any
  evidence of the victim's past sexual behavior, the defendant must
  inform the court outside the jury's presence. The court must then
  conduct an in camera hearing, recorded by a court reporter, and
  determine whether the proposed evidence is admissible. The
  defendant may not refer to any evidence ruled inadmissible without
  first requesting and gaining the court's approval outside the
  jury's presence. To Determine Admissibility
               (1)  Motion. If a party intends to offer evidence under
  Rule 412(b), the party must:
                     (A)  file a motion that specifically describes the
  evidence and states the purpose for which it is to be offered;
                     (B)  do so at least 14 days before trial unless the
  court, for good cause, sets a different time;
                     (C)  serve the motion on all parties; and
                     (D)  notify the victim or, when appropriate, the
  victim's guardian or representative.
               (2)  Hearing. Before admitting evidence under this
  rule, the court must conduct an in camera hearing and give the
  victim and parties a right to attend and be heard. Unless the court
  orders otherwise, the motion, related materials, and the record of
  the hearing must be and remain sealed.
         (d)  Record Sealed. The court must preserve the record of
  the in camera hearing, under seal, as part of the record.
         (e) (d)  Definition of "Victim." In this rule, "victim"
  includes an alleged victim.
         SECTION 2.  The Texas Rules of Evidence Article IV is amended
  to add:
         Rule 413. Similar Crimes in Sexual-Assault Cases
         (a)  Permitted Uses. In a criminal case in which a defendant
  is accused of a sexual assault, the court may admit evidence that
  the defendant committed any other sexual assault. The evidence may
  be considered on any matter to which it is relevant.
         (b)  Disclosure to the Defendant. If the prosecutor intends
  to offer this evidence, the prosecutor must disclose it to the
  defendant, including witnesses' statements or a summary of the
  expected testimony. The prosecutor must do so at least 15 days
  before trial or at a later time that the court allows for good
  cause.
         (c)  Effect on Other Rules. This rule does not limit the
  admission or consideration of evidence under any other rule.
         (d)  Definition of "Sexual Assault." In this rule and Rule
  414, "sexual assault" means a crime under Texas law involving:
               (1)  any conduct prohibited by section 22.011 of the
  Texas Penal Code;
               (2)  contact, without consent, between any part of the
  defendant's body - or an object - and another person's genitals or
  anus;
               (3)  contact, without consent, between the defendant's
  genitals or anus and any part of another person's body;
               (4)  deriving sexual pleasure or gratification from
  inflicting death, bodily injury, or physical pain on another
  person; or
               (5)  an attempt or conspiracy to engage in conduct
  described in subparagraphs (1)-(4).
         SECTION 3.  The Texas Rules of Evidence Article IV is amended
  to add:
         Rule 414 Civil Cases Involving Sexual Assault
         (a)  Permitted Uses. In a civil case involving a claim for
  relief based on a party's alleged sexual assault, the court may
  admit evidence that the party committed any other sexual assault.
  The evidence may be considered as provided in Rules 413.
         (b)  Disclosure to the Opponent. If a party intends to offer
  this evidence, the party must disclose it to the party against whom
  it will be offered, including witnesses' statements or a summary of
  the expected testimony. The party must do so at least 15 days
  before trial or at a later time that the court allows for good
  cause.
         (c)  Effect on Other Rules. This rule does not limit the
  admission or consideration of evidence under any other rule.
         SECTION 4.  This Act takes effect September 1, 2019.