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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 extraneous offenses or |
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acts in the prosecution of certain family violence offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.372 to read as follows: |
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Art. 38.372. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS IN |
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PROSECUTION OF CERTAIN FAMILY VIOLENCE OFFENSES. (a) This article |
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applies to a proceeding in the prosecution of a defendant for an |
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offense, or for an attempt or conspiracy to commit an offense, |
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under: |
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(1) Chapter 19, Penal Code, if the victim of the |
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alleged offense is a person whose relationship to or association |
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with the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code; |
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(2) Section 22.01, 22.02, or 22.04, Penal Code, if the |
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victim of the alleged offense is a person whose relationship to or |
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association with the defendant is described by Section 71.0021(b), |
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71.003, or 71.005, Family Code; and |
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(3) Section 25.11, Penal Code. |
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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 person 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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and |
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(2) the previous and subsequent relationship between |
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the defendant and the victim. |
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(c) Notwithstanding Rules 404 and 405, Texas Rules of |
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Evidence, and subject to Subsection (d), evidence that the |
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defendant has committed a separate offense described by Subsection |
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(a) may be admitted in the trial of an alleged offense described by |
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Subsection (a) for any bearing the evidence has on relevant |
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matters, including the character of the defendant and acts |
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performed in conformity with the character of the defendant. |
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(d) Before evidence described by Subsection (c) may be |
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introduced, the trial judge must: |
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(1) determine that the evidence likely to be admitted |
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at trial will be adequate to support a finding by the jury that the |
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defendant committed the separate offense beyond a reasonable doubt; |
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and |
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(2) conduct a hearing out of the presence of the jury |
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for that purpose. |
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(e) The state shall give the defendant notice of the state's |
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intent to introduce in the case chief evidence described by |
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Subsection (b) or (c) not later than the 30th day before the date of |
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the defendant's trial. |
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(f) This article does not limit the admissibility of |
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evidence of extraneous crimes, wrongs, or acts under any other |
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applicable law. |
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SECTION 2. 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 3. This Act takes effect September 1, 2025. |