Bill Text: TX HB3402 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the privilege of a child to refuse to testify against the child's parent or guardian.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-29 - Left pending in committee [HB3402 Detail]
Download: Texas-2013-HB3402-Introduced.html
| 83R13033 DDT-D | ||
| By: Raymond | H.B. No. 3402 | |
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| relating to the privilege of a child to refuse to testify against | ||
| the child's parent or guardian. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Code of Criminal Procedure, is | ||
| amended by adding Article 38.0741 to read as follows: | ||
| Art. 38.0741. PRIVILEGE OF CHILD. (a) In this article, | ||
| "child" has the meaning assigned by Section 22.011(c), Penal Code. | ||
| (b) A child has a privilege to refuse to testify against the | ||
| child's parent or guardian in a criminal proceeding. | ||
| (c) The privilege to refuse to testify may be claimed only | ||
| by the child. | ||
| (d) The privilege of a child to refuse to testify against | ||
| the child's parent or guardian does not apply: | ||
| (1) in any proceeding in which the parent or guardian | ||
| is charged with an offense against the child or a member of the | ||
| child's household; or | ||
| (2) if the parent or guardian has been convicted of an | ||
| offense against the child. | ||
| (e) This article does not prohibit the child from testifying | ||
| voluntarily against the child's parent or guardian. A child who | ||
| testifies voluntarily is subject to cross-examination. | ||
| SECTION 2. Subchapter B, Chapter 22, Civil Practice and | ||
| Remedies Code, is amended by adding Section 22.012 to read as | ||
| follows: | ||
| Sec. 22.012. PRIVILEGE OF CHILD. (a) In this section, | ||
| "child" means a person younger than 17 years of age. | ||
| (b) A child has a privilege to refuse to testify against the | ||
| child's parent or guardian in a civil proceeding. | ||
| (c) The privilege to refuse to testify may be claimed only | ||
| by the child. | ||
| (d) The privilege of a child to refuse to testify against | ||
| the child's parent or guardian does not apply if: | ||
| (1) at the time of the civil proceeding the parent or | ||
| guardian is the defendant in a pending criminal matter in which the | ||
| parent or guardian is charged with an offense against the child or a | ||
| member of the child's household; or | ||
| (2) the parent or guardian has been convicted of an | ||
| offense against the child. | ||
| (e) This section does not prohibit the child from testifying | ||
| voluntarily against the child's parent or guardian. A child who | ||
| testifies voluntarily is subject to cross-examination. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
