Bill Text: TX SB736 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Criminal Justice [SB736 Detail]
Download: Texas-2019-SB736-Introduced.html
86R5546 MAW-D | ||
By: Watson | S.B. No. 736 |
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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. Section 2(b), Article 38.37, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) Notwithstanding Rules 404 and 405, Texas Rules of | ||
Evidence, and subject to Section 2-b [ |
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defendant has committed a separate offense described by Subsection | ||
(a)(1) or (2) may be admitted in the trial of an alleged offense | ||
described by Subsection (a)(1) or (2) 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. | ||
SECTION 2. Article 38.37, Code of Criminal Procedure, is | ||
amended by amending Sections 2-a and 3 and adding Section 2-b to | ||
read as follows: | ||
Sec. 2-a. (a) Subsection (b) applies only to the trial of a | ||
defendant for an offense, or an attempt or conspiracy to commit an | ||
offense, under Section 22.011 or 22.021, Penal Code. | ||
(b) Notwithstanding Rules 404 and 405, Texas Rules of | ||
Evidence, and subject to Section 2-b, evidence that the defendant | ||
has committed two or more separate offenses described by Subsection | ||
(a) may be admitted in the trial of an alleged offense described by | ||
that subsection 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. | ||
Sec. 2-b. Before evidence described by Section 2 or 2-a may | ||
be introduced, the trial judge must: | ||
(1) determine that the evidence likely to be admitted | ||
at trial will be adequate to support a finding by the jury that the | ||
defendant committed beyond a reasonable doubt a [ |
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offense as provided by the applicable section [ |
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(2) conduct a hearing out of the presence of the jury | ||
for that purpose. | ||
Sec. 3. The state shall give the defendant notice of the | ||
state's intent to introduce in the case in chief evidence described | ||
by Section 1, [ |
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date of the defendant's trial. | ||
SECTION 3. 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 governed by the law in effect when the | ||
proceeding commenced, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |