Bill Text: TX HB1764 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the exclusion of certain witnesses during a criminal proceeding.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-07 - Referred to Criminal Jurisprudence [HB1764 Detail]

Download: Texas-2023-HB1764-Introduced.html
  88R3321 SHH-D
 
  By: Leach H.B. No. 1764
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exclusion of certain witnesses during a criminal
  proceeding.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 36.03, Code of Criminal Procedure, is
  amended by adding Subsections (f) and (g) to read as follows:
         (f)  The attorney representing the state may designate one
  person who is an officer or employee of a party that is not a natural
  person to serve as the state's courtroom representative during a
  criminal proceeding. Notwithstanding Rule 614, Texas Rules of
  Evidence, a court may not exclude under this article or that rule a
  person who has been designated as a courtroom representative under
  this subsection unless the person is a law enforcement officer who
  violates Subsection (g).
         (g)  A law enforcement officer who is designated as the
  state's courtroom representative under Subsection (f) may not wear
  a law enforcement uniform or badge while serving as that
  representative.
         SECTION 2.  Under the terms of Section 22.109(b), Government
  Code, Rule 614, Texas Rules of Evidence, is disapproved to the
  extent that Rule 614 permits the exclusion of a witness who is
  designated by the attorney representing the state as the state's
  courtroom representative in a criminal case from hearing the
  testimony of other witnesses in the case.
         SECTION 3.  The change in law made by this Act applies only
  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 on the
  date the proceeding commenced, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.
feedback