Bill Text: TX HB2794 | 2021-2022 | 87th Legislature | Comm Sub

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Bill Title: Relating to evidence in prosecutions of trafficking or certain prostitution-related offenses.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-05-08 - Committee report sent to Calendars [HB2794 Detail]

Download: Texas-2021-HB2794-Comm_Sub.html

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87R14321 MAW-D
By: Thompson of Harris, Collier, H.B. No. 2794
A. Johnson of Harris
Substitute the following for H.B. No. 2794:
By: Collier C.S.H.B. No. 2794

A BILL TO BE ENTITLED
AN ACT
relating to evidence in prosecutions of trafficking or certain
prostitution-related offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.372 to read as follows:
Art. 38.372. EVIDENCE IN PROSECUTION OF TRAFFICKING OR
PROSTITUTION-RELATED OFFENSE. (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, under any of the
following provisions of the Penal Code:
(1) Chapter 20A (Trafficking of Persons);
(2) Section 43.03 (Promotion of Prostitution);
(3) Section 43.031 (Online Promotion of
Prostitution);
(4) Section 43.04 (Aggravated Promotion of
Prostitution);
(5) Section 43.041 (Aggravated Online Promotion of
Prostitution); or
(6) Section 43.05 (Compelling Prostitution).
(b) In the prosecution of an offense described by Subsection
(a), subject to the Texas Rules of Evidence or other applicable law,
the state 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.
(c) 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, including:
(1) reputation or opinion evidence of a victim's past
sexual behavior; or
(2) evidence of specific instances of a victim's past
sexual behavior.
SECTION 2. 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 when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2021.