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AN ACT
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relating to the admissibility of evidence in the prosecution of an |
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offense against a family member or certain other individuals or |
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involving exploitation of certain vulnerable individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 38.371, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 38.371. EVIDENCE IN PROSECUTION [PROSECUTIONS] OF |
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OFFENSE COMMITTED AGAINST MEMBER OF DEFENDANT'S FAMILY OR HOUSEHOLD |
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OR PERSON IN DATING RELATIONSHIP WITH DEFENDANT [CERTAIN OFFENSES
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INVOLVING FAMILY VIOLENCE]. |
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SECTION 2. Article 38.371(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) This article applies to a proceeding in the prosecution |
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of a defendant for an offense, or for an attempt or conspiracy to |
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commit an offense, for which the alleged victim is [that is
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committed under:
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[(1) Section 22.01, 22.02, or 22.04, Penal Code,
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against] a person whose relationship to or association with the |
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defendant is described by Section 71.0021(b), 71.003, or 71.005, |
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Family Code[; or
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[(2) Section 25.07 or 25.072, Penal Code, if the offense
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is based on a violation of an order or a condition of bond in a case
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involving family violence]. |
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SECTION 3. 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 4. 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 on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2136 passed the Senate on |
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May 7, 2019, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 25, 2019, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2136 passed the House, with |
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amendment, on May 22, 2019, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |