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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 hearsay statements in the |
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prosecution of certain sexual or assaultive offenses committed |
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against a child or person with a disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2(a), Article 38.072, Code of Criminal |
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Procedure, as amended by Chapters 284 (S.B. 643) and 710 (H.B. |
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2846), Acts of the 81st Legislature, Regular Session, 2009, is |
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reenacted and amended to read as follows: |
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(a) This article applies only to statements that: |
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(1) describe: |
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(A) the alleged offense; or |
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(B) if the statement is offered during the |
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punishment phase of the proceeding, a crime, wrong, or act other |
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than the alleged offense that is: |
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(i) described by Section 1; |
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(ii) allegedly committed by the defendant |
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against the child or person with a disability who is the victim of |
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the offense or against another person who is a child younger than 14 |
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years of age or a person with a disability; and |
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(iii) otherwise admissible as evidence |
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under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or |
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another law or rule of evidence of this state; |
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(2) were made by the child or person with a disability |
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against whom the charged offense or extraneous crime, wrong, or act |
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was allegedly committed; and |
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(3) were made to the first person, 18 years of age or |
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older, other than the defendant, to whom the child or person with a |
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disability made a statement about the offense or extraneous crime, |
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wrong, or act. |
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SECTION 2. The change in law made by this Act applies to a |
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criminal proceeding that commences on or after the effective date |
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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, 2019. |