Bill Text: TX SB707 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the admissibility of certain recorded statements made by child abuse victims.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed) 2017-05-23 - Committee report sent to Calendars [SB707 Detail]

Download: Texas-2017-SB707-Comm_Sub.html
 
 
  By: Birdwell S.B. No. 707
 
  (Wray)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the admissibility of certain recorded statements made
  by child abuse victims.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Code of Criminal Procedure, is
  amended by adding Article 38.0725 to read as follows:
         Art. 38.0725.  ADMISSIBILITY OF CERTAIN RECORDED STATEMENTS
  OF CHILD ABUSE VICTIMS. (a)  This article applies only to a
  proceeding in the prosecution of an offense listed in Section 1,
  Article 38.072, and committed against a child younger than 14 years
  of age.
         (b)  A recording of an oral statement that is not otherwise
  admissible under another law or a rule of evidence of this state is
  admissible into evidence in any proceeding to which this article
  applies if:
               (1)  the statement was made by the victim against whom
  the charged offense was allegedly committed;
               (2)  after an in camera review, the court finds that:
                     (A)  the statement is relevant and is reliable
  based on the time, content, and circumstances of the statement;
                     (B)  the recording is both visual and aural and is
  recorded on film or videotape or by other electronic means; and
                     (C)  the individual interviewing the victim or, if
  the victim's statement is not derived from an interview, the
  individual conducting the recording is a neutral individual
  experienced in child abuse cases; and
               (3)  the victim testifies or is available to testify at
  the proceeding in court or in any other manner provided by law.
         SECTION 2.  The change in law made by this Act applies only
  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 governed 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, 2017.
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