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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of evidence of certain extraneous |
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offenses or acts in the prosecution of sexual assault or aggravated |
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sexual assault or an attempt or conspiracy to commit sexual assault |
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or aggravated sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 38.37, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. (a) Subsection (b) applies to a proceeding in the |
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prosecution of a defendant for an offense, or an attempt or |
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conspiracy to commit an offense, under the following provisions of |
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the Penal Code: |
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(1) if committed against a child under 17 years of age: |
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(A) Chapter 21 (Sexual Offenses); |
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(B) Chapter 22 (Assaultive Offenses), subject to |
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Subdivision (3); or |
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(C) Section 25.02 (Prohibited Sexual Conduct); |
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[or] |
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(2) if committed against a person younger than 18 |
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years of age: |
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(A) Section 43.25 (Sexual Performance by a |
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Child); |
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(B) Section 20A.02(a)(7) or (8); or |
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(C) Section 43.05(a)(2) (Compelling |
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Prostitution); or |
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(3) if committed against a person of any age: |
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(A) Section 22.011 (Sexual Assault); or |
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(B) Section 22.021 (Aggravated Sexual Assault). |
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(b) Notwithstanding Rules 404 and 405, Texas Rules of |
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Evidence, evidence of other crimes, wrongs, or acts committed by |
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the defendant against the [child who is the] victim of the alleged |
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offense shall be admitted for its bearing on relevant matters, |
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including: |
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(1) the state of mind of the defendant and the victim |
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[child]; and |
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(2) the previous and subsequent relationship between |
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the defendant and the victim [child]. |
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SECTION 2. Section 2(a), Article 38.37, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Subsection (b) applies only to the trial of a defendant |
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for: |
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(1) an offense under any of the following provisions |
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of the Penal Code: |
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(A) Section 20A.02, if punishable as a felony of |
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the first degree under Section 20A.02(b)(1) (Sex Trafficking of a |
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Child); |
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(B) Section 21.02 (Continuous Sexual Abuse of |
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Young Child or Disabled Individual); |
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(C) Section 21.11 (Indecency With a Child); |
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(D) Section 22.011 [22.011(a)(2)] (Sexual |
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Assault [of a Child]); |
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(E) Section 22.021 [Sections 22.021(a)(1)(B) and |
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(2)] (Aggravated Sexual Assault [of a Child]); |
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(F) Section 33.021 (Online Solicitation of a |
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Minor); |
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(G) Section 43.25 (Sexual Performance by a |
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Child); or |
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(H) Section 43.26 (Possession or Promotion of |
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Child Pornography), Penal Code; or |
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(2) an attempt or conspiracy to commit an offense |
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described by Subdivision (1). |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |