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A BILL TO BE ENTITLED
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AN ACT
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relating to the exclusion of certain witnesses during a criminal |
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proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 36.03, Code of Criminal Procedure, is |
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amended by adding Subsections (f) and (g) to read as follows: |
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(f) The attorney representing the state may designate one |
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person who is an officer or employee of a party that is not a natural |
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person to serve as the state's courtroom representative during a |
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criminal proceeding. Notwithstanding Rule 614, Texas Rules of |
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Evidence, a court may not exclude under this article or that rule a |
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person who has been designated as a courtroom representative under |
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this subsection unless the person is a law enforcement officer who |
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violates Subsection (g). |
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(g) A law enforcement officer who is designated as the |
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state's courtroom representative under Subsection (f) may not wear |
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a law enforcement uniform or badge while serving as that |
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representative. |
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SECTION 2. Under the terms of Section 22.109(b), Government |
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Code, Rule 614, Texas Rules of Evidence, is disapproved to the |
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extent that Rule 614 permits the exclusion of a witness who is |
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designated by the attorney representing the state as the state's |
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courtroom representative in a criminal case from hearing the |
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testimony of other witnesses in the case. |
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SECTION 3. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date 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 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 4. This Act takes effect September 1, 2023. |