Bill Text: TX HB3060 | 2013-2014 | 83rd Legislature | Comm Sub


Bill Title: Relating to the punishment for the offense of tampering with a witness and the evidence that may be offered to show that offense.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-05-07 - Laid on the table subject to call [HB3060 Detail]

Download: Texas-2013-HB3060-Comm_Sub.html
 
 
  By: Herrero H.B. No. 3060
 
  Substitute the following for H.B. No. 3060:
 
  By:  Herrero C.S.H.B. No. 3060
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the offense of tampering with a
  witness and the evidence that may be offered to show that offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 36.05, Penal Code, is
  amended to read as follows:
         (a)  A person commits an offense if, with intent to influence
  the witness, he offers, confers, or agrees to confer any benefit on
  a witness or prospective witness in an official proceeding, or he
  coerces a witness or a prospective witness in an official
  proceeding:
         SECTION 2.  Section 36.05, Penal Code, is amended by adding
  Subsections (e-1), (e-2), and (e-3) to read as follows:
         (e-1)  Notwithstanding Subsection (d), if the underlying
  official proceeding involves family violence, as defined by Section
  71.004, Family Code, an offense under this section is the greater
  of:
               (1)  a felony of the third degree; or
               (2)  the most serious offense charged in the criminal
  case.
         (e-2)  Notwithstanding Subsections (d) and (e-1), if the
  underlying official proceeding involves family violence, as
  defined by Section 71.004, Family Code, and it is shown at the trial
  of the offense that the defendant has previously been convicted of
  an offense involving family violence under the laws of this state or
  another state, an offense under this section is the greater of:
               (1)  a felony of the second degree; or
               (2)  the most serious offense charged in the criminal
  case.
         (e-3)  For purposes of Subsection (a), a person is considered
  to coerce a witness or prospective witness if the person commits an
  act of family violence as defined by Section 71.004, Family Code,
  that is perpetrated, in part, with the intent to cause the witness'
  or prospective witness' unavailability or failure to comply and the
  offense is punishable under Subsection (e-1) or (e-2), as
  applicable.
         SECTION 3.  Chapter 38, Code of Criminal Procedure, is
  amended by adding Articles 38.48 and 38.49 to read as follows:
         Art. 38.48.  EVIDENCE IN PROSECUTION FOR TAMPERING WITH
  WITNESS OR PROSPECTIVE WITNESS INVOLVING FAMILY VIOLENCE. (a)  
  This article applies to the prosecution of an offense under Section
  36.05, Penal Code, in which:
               (1)  the underlying official proceeding involved
  family violence, as defined by Section 71.004, Family Code; or
               (2)  the actor is alleged to have violated Section
  36.05, Penal Code, by committing an act of family violence against a
  witness or prospective witness.
         (b)  In the prosecution of an offense described by Subsection
  (a), subject to the Texas Rules of Evidence or other applicable law,
  each party may offer testimony or other evidence of all relevant
  facts and circumstances that would assist the trier of fact in
  determining whether the actor's conduct coerced the witness or
  prospective witness, including the nature of the relationship
  between the actor and the witness or prospective witness.
         Art. 38.49.  FORFEITURE BY WRONGDOING. (a)  A party to a
  criminal case who wrongfully procures the unavailability of a
  witness or prospective witness:
               (1)  may not benefit from the wrongdoing by depriving
  the trier of fact of relevant evidence and testimony; and
               (2)  forfeits the party's right to object to the
  admissibility of evidence or statements based on the unavailability
  of the witness as provided by this article through forfeiture by
  wrongdoing.
         (b)  Evidence and statements related to a party that has
  engaged or acquiesced in wrongdoing that was intended to, and did,
  procure the unavailability of a witness or prospective witness are
  admissible and may be used by the offering party to make a showing
  of forfeiture by wrongdoing under this article, subject to
  Subsection (c).
         (c)  In determining the admissibility of the evidence or
  statements described by Subsection (b), the court shall determine,
  out of the presence of the jury, whether forfeiture by wrongdoing
  occurred by a preponderance of the evidence. If practicable, the
  court shall make the determination under this subsection before
  trial using the procedures under Article 28.01 of this code and Rule
  104, Texas Rules of Evidence.
         (d)  The party offering the evidence or statements described
  by Subsection (b) is not required to show that:
               (1)  the actor's sole intent was to wrongfully cause the
  witness's or prospective witness's unavailability;
               (2)  the actions of the actor constituted a criminal
  offense; or
               (3)  any statements offered are reliable.
         (e)  A conviction for an offense under Section 36.05 or
  36.06, Penal Code, creates a presumption of forfeiture by
  wrongdoing under this article.
         (f)  Rule 403, Texas Rules of Evidence, applies to this
  article. This article does not permit the presentation of
  character evidence that would otherwise be inadmissible under the
  Texas Rules of Evidence or other applicable law.
         SECTION 4.
    The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 5.  This Act takes effect September 1, 2013.
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