Bill Text: TX SB578 | 2011-2012 | 82nd Legislature | Enrolled

Texas Senate Bill 578 (Prior Session Legislation)

Bill Title: Relating to the testimony of children in criminal cases.

Sponsorship: Slight Partisan Bill (Republican 7-3)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB578 Detail]

Download: Texas-2011-SB578-Enrolled.html



	S.B. No. 578




	AN ACT
	relating to the testimony of children in 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 38.074 to read as follows:
	Art. 38.074. TESTIMONY OF CHILD IN PROSECUTION OF OFFENSE
	Sec. 1. In this article:
	(1) "Child" has the meaning assigned by Section
	22.011(c), Penal Code.
	(2) "Support person" means any person whose presence
	would contribute to the welfare and well-being of a child.
	Sec. 2. This article applies to the testimony of a child in
	any hearing or proceeding in the prosecution of any offense, other
	than the testimony of a child in a hearing or proceeding in a
	criminal case in which that child is the defendant.
	Sec. 3. (a) A court shall:
	(1) administer an oath to a child in a manner that
	allows the child to fully understand the child's duty to tell the
	truth;
	(2) ensure that questions asked of the child are
	stated in language appropriate to the child's age;
	(3) explain to the child that the child has the right
	to have the court notified if the child is unable to understand any
	question and to have a question restated in a form that the child
	does understand;
	(4) ensure that a child testifies only at a time of day
	when the child is best able to understand the questions and to
	undergo the proceedings without being traumatized, including:
	(A) limiting the duration of the child's
	testimony;
	(B) limiting the timing of the child's testimony
	to the child's normal school hours; or
	(C) ordering a recess during the child's
	testimony when necessary for the energy, comfort, or attention span
	of the child; and
	(5) prevent intimidation or harassment of the child by
	any party and, for that purpose, rephrase as appropriate any
	question asked of the child.
	(b) On the motion of any party, or a parent, managing
	conservator, guardian, or guardian ad litem of a child or special
	advocate for a child, the court shall allow the child to have a toy,
	blanket, or similar comforting item in the child's possession while
	testifying or allow a support person to be present in close
	proximity to the child during the child's testimony if the court
	finds by a preponderance of the evidence that:
	(1) the child 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 child's testimony.
	(c) A support person who is present during a child's
	testimony may not:
	(1) obscure the child from the view of the defendant or
	the trier of fact;
	(2) provide the child with an answer to any question
	asked of the child; or
	(3) assist or influence the testimony of the child.
	(d) The court may set any other conditions and limitations
	on the taking of the testimony of a child that it finds just and
	appropriate, considering the interests of the child, 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 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.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 578 passed the Senate on
	May 12, 2011, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 578 passed the House on
	May 23, 2011, by the following vote: Yeas 142, Nays 0, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor