|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the testimony of a person with a disability in certain |
|
criminal cases. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 38, Code of Criminal Procedure, is |
|
amended by adding Article 38.076 to read as follows: |
|
Art. 38.076. TESTIMONY OF PERSON WITH DISABILITY. (a) In |
|
this article: |
|
(1) "Person with a disability" has the meaning |
|
assigned by Section 3, Article 38.072. |
|
(2) "Support person" has the meaning assigned by |
|
Section 1, Article 38.074. |
|
(b) This article applies to the testimony of a person with a |
|
disability in any hearing or proceeding in the prosecution of an |
|
offense under any of the following provisions of the Penal Code, |
|
other than a prosecution in which the person is the defendant: |
|
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive |
|
Offenses); |
|
(2) Section 25.02 (Prohibited Sexual Conduct); |
|
(3) Section 43.25 (Sexual Performance by a Child); |
|
(4) Section 43.05(a) (Compelling Prostitution); |
|
(5) Section 20A.02(a)(3), (4), (7), or (8) |
|
(Trafficking of Persons); or |
|
(6) Section 15.01 (Criminal Attempt), if the offense |
|
attempted is described by Subdivision (1), (2), (3), (4), or (5). |
|
(c) On the motion of any party, or a parent, managing |
|
conservator, guardian, or guardian ad litem of a person with a |
|
disability, the court shall allow the person to have a toy, blanket, |
|
or similar comforting item in the person's possession while |
|
testifying or allow a support person to be present in close |
|
proximity to the person with a disability during that person's |
|
testimony if the court finds by a preponderance of the evidence |
|
that: |
|
(1) the person with a disability cannot reliably |
|
testify without the possession of the item or presence of the |
|
support person, as applicable; and |
|
(2) granting the motion is not likely to prejudice the |
|
trier of fact in evaluating the person's testimony. |
|
(d) A support person who is present during the testimony of |
|
a person with a disability may not: |
|
(1) obscure the person with a disability from the view |
|
of the defendant or the trier of fact; |
|
(2) provide the person with a disability with an |
|
answer to any question asked of the person; or |
|
(3) assist or influence the testimony of the person |
|
with a disability. |
|
(e) The court may set any other conditions and limitations |
|
on the taking of the testimony of a person with a disability that it |
|
finds just and appropriate, considering the interests of the |
|
person, the rights of the defendant, and any other relevant |
|
factors. |
|
SECTION 2. The change in law made by this Act applies to a |
|
criminal proceeding that commences on or after the effective date |
|
of this Act. 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. |