Bill Text: TX HB2777 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the admissibility of certain evidence in the prosecution of certain assaultive offenses involving family violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-13 - Placed on General State Calendar [HB2777 Detail]
Download: Texas-2015-HB2777-Comm_Sub.html
84R27096 JRR-F | |||
By: Herrero | H.B. No. 2777 | ||
Substitute the following for H.B. No. 2777: | |||
By: Herrero | C.S.H.B. No. 2777 |
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relating to the admissibility of certain evidence in the | ||
prosecution of certain assaultive offenses involving family | ||
violence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 38, Code of Criminal Procedure, is | ||
amended by adding Article 38.371 to read as follows: | ||
Art. 38.371. EVIDENCE IN PROSECUTIONS OF CERTAIN ASSAULTIVE | ||
OFFENSES INVOLVING FAMILY VIOLENCE. (a) This article applies to a | ||
proceeding in the prosecution of a defendant for an offense, or for | ||
an attempt or conspiracy to commit an offense, that is committed | ||
under Section 22.01 or 22.02, Penal Code, against a person whose | ||
relationship to or association with the defendant is described by | ||
Section 71.0021(b), 71.003, or 71.005, Family Code. | ||
(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 committed the offense described by | ||
Subsection (a), including testimony or evidence regarding the | ||
nature of the relationship between the actor and the alleged | ||
victim. | ||
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 governed by the law in effect on the | ||
date the proceeding commenced, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |