Bill Text: TX HB3956 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the testimony of a person with a disability in certain criminal cases.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-04-29 - Left pending in committee [HB3956 Detail]
Download: Texas-2019-HB3956-Introduced.html
| 86R8013 MAW-D | ||
| By: Hefner | H.B. No. 3956 | |
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| relating to the testimony of a person with a disability in certain | ||
| criminal cases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Code of Criminal Procedure, is | ||
| amended by adding Article 38.076 to read as follows: | ||
| Art. 38.076. TESTIMONY OF PERSON WITH DISABILITY. (a) In | ||
| this article: | ||
| (1) "Person with a disability" has the meaning | ||
| assigned by Section 3, Article 38.072. | ||
| (2) "Support person" has the meaning assigned by | ||
| Section 1, Article 38.074. | ||
| (b) This article applies to the testimony of a person with a | ||
| disability in any hearing or proceeding in the prosecution of an | ||
| offense under any of the following provisions of the Penal Code, | ||
| other than a prosecution in which the person is the defendant: | ||
| (1) Chapter 21 (Sexual Offenses) or 22 (Assaultive | ||
| Offenses); | ||
| (2) Section 25.02 (Prohibited Sexual Conduct); | ||
| (3) Section 43.25 (Sexual Performance by a Child); | ||
| (4) Section 43.05(a) (Compelling Prostitution); | ||
| (5) Section 20A.02(a)(3), (4), (7), or (8) | ||
| (Trafficking of Persons); or | ||
| (6) Section 15.01 (Criminal Attempt), if the offense | ||
| attempted is described by Subdivision (1), (2), (3), (4), or (5). | ||
| (c) On the motion of any party, or a parent, managing | ||
| conservator, guardian, or guardian ad litem of a person with a | ||
| disability, the court shall allow the person to have a toy, blanket, | ||
| or similar comforting item in the person's possession while | ||
| testifying or allow a support person to be present in close | ||
| proximity to the person with a disability during that person's | ||
| testimony if the court finds by a preponderance of the evidence | ||
| that: | ||
| (1) the person with a disability cannot reliably | ||
| testify without the possession of the item or presence of the | ||
| support person, as applicable; and | ||
| (2) granting the motion is not likely to prejudice the | ||
| trier of fact in evaluating the person's testimony. | ||
| (d) A support person who is present during the testimony of | ||
| a person with a disability may not: | ||
| (1) obscure the person with a disability from the view | ||
| of the defendant or the trier of fact; | ||
| (2) provide the person with a disability with an | ||
| answer to any question asked of the person; or | ||
| (3) assist or influence the testimony of the person | ||
| with a disability. | ||
| (e) The court may set any other conditions and limitations | ||
| on the taking of the testimony of a person with a disability that it | ||
| finds just and appropriate, considering the interests of the | ||
| person, the rights of the defendant, and any other relevant | ||
| factors. | ||
| SECTION 2. 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 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, 2019. | ||
