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.