Bill Text: TX SB152 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2011-05-16 - Left pending in committee [SB152 Detail]

Download: Texas-2011-SB152-Engrossed.html

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By: Huffman, et al. S.B. No. 152

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 under
the following provisions of the Penal Code, if committed against a
child under 17 years of age:
(1) Chapter 21 (Sexual Offenses);
(2) Chapter 22 (Assaultive Offenses);
(3) Section 25.02 (Prohibited Sexual Conduct);
(4) Section 43.25 (Sexual Performance by a Child); or
(5) an attempt or conspiracy to commit an offense
listed in this subsection [section].
(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. Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, evidence of other similar offenses committed by the
defendant may be admitted in the trial of the alleged offense 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, as follows: in the trial of an
offense under Section 20A.02 that is punishable as a felony of the
first degree under Section 20A.02(b)(1) (Sex Trafficking of a
Child), Section 21.02 (Continuous Sexual Abuse of Young Child or
Children), Section 21.11 (Indecency With a Child), Section
22.011(a)(2) (Sexual Assault of a Child), Section 22.021(a)(1)(B)
and (2) (Aggravated Sexual Assault of a Child), Section 33.021
(Online Solicitation of a Minor), Section 43.25 (Sexual Performance
by a Child), or Section 43.26 (Possession or Promotion of Child
Pornography), Penal Code, or an attempt or conspiracy to commit an
offense under any of those sections, evidence of:
(A) the commission of another offense under any
of those sections; or
(B) an attempt or conspiracy to commit an offense
under any of those sections.
Sec. 2-a. Before evidence may be introduced described by
Section 2:
(1) a hearing shall be conducted out of the presence of
the jury; and
(2) the trial judge should only admit evidence of a
similar offense subject to the introduction of enough evidence to
support a finding that the similar offense has been proved beyond a
reasonable doubt.
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, 2011.