Bill Text: TX HB1049 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-04-05 - Left pending in committee [HB1049 Detail]
Download: Texas-2011-HB1049-Introduced.html
82R1407 NAJ-F | ||
By: Woolley | H.B. No. 1049 |
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relating to the admissibility of evidence of other similar offenses | ||
in the prosecution of certain sexual offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 1, 2, and 3, Article 38.37, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
Sec. 1. (a) Subsection (b) [ |
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proceeding in the prosecution of a defendant for an offense under | ||
the following provisions of the Penal Code, if committed against a | ||
child under 17 years of age: | ||
(1) Chapter 21 (Sexual Offenses); | ||
(2) Chapter 22 (Assaultive Offenses); | ||
(3) Section 25.02 (Prohibited Sexual Conduct); | ||
(4) Section 43.25 (Sexual Performance by a Child); or | ||
(5) an attempt or conspiracy to commit an offense | ||
listed in this subsection [ |
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(b) [ |
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Rules of Evidence, evidence of other crimes, wrongs, or acts | ||
committed by the defendant against the child who is the victim of | ||
the alleged offense shall be admitted for its bearing on relevant | ||
matters, including: | ||
(1) the state of mind of the defendant and the child; | ||
and | ||
(2) the previous and subsequent relationship between | ||
the defendant and the child. | ||
Sec. 2. Notwithstanding Rules 404 and 405, Texas Rules of | ||
Evidence, evidence of other similar offenses committed by the | ||
defendant shall be admitted in the trial of the alleged offense for | ||
any bearing the evidence has on relevant matters, including the | ||
character of the defendant and acts performed in conformity with | ||
the character of the defendant, as follows: | ||
(1) in the trial of an offense under Section 22.011 | ||
(Sexual Assault) or 22.021 (Aggravated Sexual Assault), Penal Code, | ||
or an attempt or conspiracy to commit an offense under either of | ||
those sections, evidence of: | ||
(A) the commission of another offense under | ||
either of those sections; or | ||
(B) an attempt or conspiracy to commit an offense | ||
under either of those sections; and | ||
(2) in the trial of an offense under Section 21.02 | ||
(Continuous Sexual Abuse of Young Child or Children), 21.11 | ||
(Indecency With a Child), 22.011(a)(2) (Sexual Assault of a Child), | ||
22.021(a)(1)(B) and (2) (Aggravated Sexual Assault of a Child), | ||
33.021 (Online Solicitation of a Minor), 43.25 (Sexual Performance | ||
by a Child), or 43.26 (Possession or Promotion of Child | ||
Pornography), Penal Code, or an attempt or conspiracy to commit an | ||
offense under any of those sections, evidence of: | ||
(A) the commission of another offense under any | ||
of those sections; or | ||
(B) an attempt or conspiracy to commit an offense | ||
under any of those sections. | ||
Sec. 3. On timely request by the defendant, the state shall | ||
give the defendant notice of the state's intent to introduce in the | ||
case in chief evidence described by Section 1 or 2 in the same | ||
manner as the state is required to give notice under Rule 404(b), | ||
Texas Rules of Evidence. | ||
SECTION 2. The change in law made by this Act applies to the | ||
admissibility of evidence in a criminal proceeding that commences | ||
on or after the effective date of this Act. The admissibility of | ||
evidence in a criminal proceeding that commences before the | ||
effective date of this Act is covered 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, 2011. |