Bill Text: TX HB2951 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 2951 (Prior Session Legislation)

Introduced

Bill Title: Relating to the admissibility of certain hearsay statements in the prosecution of certain sexual or assaultive offenses committed against a child or person with a disability.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2019-05-10 - Referred to Criminal Justice [HB2951 Detail]

Download: Texas-2019-HB2951-Introduced.html

	86R12965 MAW-D

	By: Guillen	H.B. No. 2951



	A BILL TO BE ENTITLED
	AN ACT
	relating to the admissibility of certain hearsay statements in the
	prosecution of certain sexual or assaultive offenses committed
	against a child or person with a disability.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 2(a), Article 38.072, Code of Criminal
	Procedure, as amended by Chapters 284 (S.B. 643) and 710 (H.B.
	2846), Acts of the 81st Legislature, Regular Session, 2009, is
	reenacted and amended to read as follows:
	(a) This article applies only to statements that:
	(1) describe:
	(A) the alleged offense; or
	(B) if the statement is offered during the
	punishment phase of the proceeding, a crime, wrong, or act other
	than the alleged offense that is:
	(i) described by Section 1;
	(ii) allegedly committed by the defendant
	against the child or person with a disability who is the victim of
	the offense or against another person who is a child younger than 14
	years of age or a person with a disability; and
	(iii) otherwise admissible as evidence
	under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or
	another law or rule of evidence of this state;
	(2) were made by the child or person with a disability
	against whom the charged offense or extraneous crime, wrong, or act
	was allegedly committed; and
	(3) were made to the first person, 18 years of age or
	older, other than the defendant, to whom the child or person with a
	disability made a statement about the offense or extraneous crime,
	wrong, or act.
	SECTION 2. The change in law made by this Act applies to a
	criminal proceeding that commences on or after the effective date
	of this Act. A criminal proceeding that commences before the
	effective date of this Act is governed by the law in effect when the
	proceeding commenced, and the former law is continued in effect for
	that purpose.
	SECTION 3. This Act takes effect September 1, 2019.