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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 regarding a victim's past |
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sexual behavior in prosecutions of certain trafficking, sexual, or |
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assaultive 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 VICTIM'S PAST SEXUAL BEHAVIOR. |
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(a) In this article, "victim" includes the victim of an extraneous |
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offense or act with respect to which evidence is introduced during |
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the prosecution of an offense described by Subsection (b). |
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(b) 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, under any of the following provisions of the |
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Penal Code: |
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(1) Section 20A.02(a)(3), (4), (7), or (8) |
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(Trafficking of Persons); |
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(2) Section 20A.03 (Continuous Trafficking of |
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Persons), if the offense is based partly or wholly on conduct that |
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constitutes an offense under Section 20A.02(a)(3), (4), (7), or |
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(8); |
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(3) Section 21.02 (Continuous Sexual Abuse of Young |
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Child or Disabled Individual); |
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(4) Section 21.11 (Indecency with a Child); |
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(5) Section 22.011 (Sexual Assault); or |
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(6) Section 22.021 (Aggravated Sexual Assault). |
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(c) Except as provided by Subsection (d), in the prosecution |
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of an offense described by Subsection (b), reputation or opinion |
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evidence of a victim's past sexual behavior or specific instances |
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of a victim's past sexual behavior is not admissible. |
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(d) A defendant may not offer reputation or opinion evidence |
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of a victim's past sexual behavior or specific instances of a |
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victim's past sexual behavior unless the court: |
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(1) on a motion by the defendant made outside the |
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presence of the jury, conducts an in camera examination of the |
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evidence in the presence of the court reporter; and |
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(2) determines that the probative value of the |
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evidence outweighs the danger of unfair prejudice to the victim and |
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that the evidence: |
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(A) is necessary to rebut or explain scientific |
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or medical evidence offered by the attorney representing the state; |
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(B) concerns past sexual behavior with the |
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defendant and is offered by the defendant to prove consent; |
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(C) relates to the victim's motive or bias; |
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(D) is admissible under Rule 609, Texas Rules of |
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Evidence; or |
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(E) is constitutionally required to be admitted. |
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(e) The court shall seal the record of the in camera |
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examination conducted under Subsection (d)(1) and preserve the |
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examination record as part of the record in the case. |
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SECTION 2. Under the terms of Section 22.109(b), Government |
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Code, Rule 412, Texas Rules of Evidence, is disapproved. |
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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, 2025. |