By: Huffman	S.B. No. 12
	(In the Senate - Filed December 11, 2012; January 28, 2013,
	read first time and referred to Committee on Criminal Justice;
	March 18, 2013, reported favorably by the following vote:
	Yeas 6, Nays 0; March 18, 2013, sent to printer.)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the admissibility of evidence of other similar offenses
	in the prosecution of certain sexual offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 38.37, Code of Criminal Procedure, is
	amended by amending Sections 1, 2, and 3 and adding Section 2-a to
	read as follows:
	Sec. 1.  (a)  Subsection (b) [This article] applies to a
	proceeding in the prosecution of a defendant for an offense, or an
	attempt or conspiracy to commit an offense, under the following
	provisions of the Penal Code:
	(1)  if committed against a child under 17 years of age:
	(A)  Chapter 21 (Sexual Offenses);
	(B)  Chapter 22 (Assaultive Offenses); or
	(C)  Section 25.02 (Prohibited Sexual Conduct);
	or
	(2)  if committed against a person younger than 18
	years of age:
	(A)  Section 43.25 (Sexual Performance by a
	Child);
	(B)  Section 20A.02(a)(7) or (8); or
	(C)  Section 43.05(a)(2) (Compelling
	Prostitution).
	(b) [Sec. 2.]  Notwithstanding Rules 404 and 405, Texas
	Rules of Evidence, evidence of other crimes, wrongs, or acts
	committed by the defendant against the child who is the victim of
	the alleged offense shall be admitted for its bearing on relevant
	matters, including:
	(1)  the state of mind of the defendant and the child;
	and
	(2)  the previous and subsequent relationship between
	the defendant and the child.
	Sec. 2.  (a)  Subsection (b) applies only to the trial of a
	defendant for:
	(1)  an offense under any of the following provisions
	of the Penal Code:
	(A)  Section 20A.02, if punishable as a felony of
	the first degree under Section 20A.02(b)(1) (Sex Trafficking of a
	Child);
	(B)  Section 21.02 (Continuous Sexual Abuse of
	Young Child or Children);
	(C)  Section 21.11 (Indecency With a Child);
	(D)  Section 22.011(a)(2) (Sexual Assault of a
	Child);
	(E)  Sections 22.021(a)(1)(B) and (2) (Aggravated
	Sexual Assault of a Child);
	(F)  Section 33.021 (Online Solicitation of a
	Minor);
	(G)  Section 43.25 (Sexual Performance by a
	Child); or
	(H)  Section 43.26 (Possession or Promotion of
	Child Pornography), Penal Code; or
	(2)  an attempt or conspiracy to commit an offense
	described by Subdivision (1).
	(b)  Notwithstanding Rules 404 and 405, Texas Rules of
	Evidence, and subject to Section 2-a, evidence that the defendant
	has committed a separate offense described by Subsection (a)(1) or
	(2) may be admitted in the trial of an alleged offense described by
	Subsection (a)(1) or (2) for any bearing the evidence has on
	relevant matters, including the character of the defendant and acts
	performed in conformity with the character of the defendant.
	Sec. 2-a.  Before evidence described by Section 2 may be
	introduced, the trial judge must:
	(1)  determine that the evidence likely to be admitted
	at trial will be adequate to support a finding by the jury that the
	defendant committed the separate offense beyond a reasonable doubt;
	and
	(2)  conduct a hearing out of the presence of the jury
	for that purpose.
	Sec. 3.  The [On timely request by the defendant, the] state
	shall give the defendant notice of the state's intent to introduce
	in the case in chief evidence described by Section 1 or 2 not later
	than the 30th day before the date of the defendant's trial [in the
	same manner as the state is required to give notice under Rule
	404(b), Texas Rules of Evidence].
	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 covered 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, 2013.
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