Bill Text: TX HB3224 | 2021-2022 | 87th Legislature | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-03-29 - Left pending in committee [HB3224 Detail]

Download: Texas-2021-HB3224-Introduced.html
  87R8113 MEW-D
 
  By: Leach H.B. No. 3224
 
 
 
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 prosecuting attorney 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 prosecuting attorney 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 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 covered by the law in effect when the
  proceeding commenced, and the former law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2021.
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