Bill Text: TX SB1749 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the admissibility of certain statements made by a child in a juvenile justice or criminal proceeding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Criminal Justice [SB1749 Detail]
Download: Texas-2011-SB1749-Introduced.html
82R10890 AJZ-F | ||
By: Uresti | S.B. No. 1749 |
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relating to the admissibility of certain statements made by a child | ||
in a juvenile justice or criminal proceeding. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.095(b), Family Code, is amended to | ||
read as follows: | ||
(b) This section and Section 51.09 do not preclude the | ||
admission of a statement made by the child if: | ||
(1) the statement does not stem from interrogation of | ||
the child under a circumstance described by Subsection (d); or | ||
(2) without regard to whether the statement stems from | ||
interrogation of the child under a circumstance described by | ||
Subsection (d), the statement is: | ||
(A) voluntary and has a bearing on the | ||
credibility of the child as a witness; | ||
(B) obtained in another state in compliance with | ||
the laws of that state or this state; or | ||
(C) obtained by a federal law enforcement officer | ||
in this state or another state in compliance with the laws of the | ||
United States. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a statement relating to conduct violating a penal law that | ||
occurred on or after the effective date of this Act. A statement | ||
relating to conduct violating a penal law that occurred before the | ||
effective date of this Act is governed by the law in effect at the | ||
time the conduct occurred, and the former law is continued in effect | ||
for that purpose. For purposes of this section, conduct violating a | ||
penal law occurred before the effective date of this Act if any | ||
element of the violation occurred before that date. | ||
SECTION 3. This Act takes effect September 1, 2011. |