Bill Text: TX SB707 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the admissibility of certain recorded statements made by child abuse victims.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-23 - Committee report sent to Calendars [SB707 Detail]
Download: Texas-2017-SB707-Comm_Sub.html
Bill Title: Relating to the admissibility of certain recorded statements made by child abuse victims.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-23 - Committee report sent to Calendars [SB707 Detail]
Download: Texas-2017-SB707-Comm_Sub.html
By: Birdwell | S.B. No. 707 | |
(In the Senate - Filed February 1, 2017; February 21, 2017, | ||
read first time and referred to Committee on Criminal Justice; | ||
April 10, 2017, reported favorably by the following vote: Yeas 8, | ||
Nays 0; April 10, 2017, sent to printer.) | ||
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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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