Bill Text: TX HB1176 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to certain privileges of a parent or guardian in a criminal or civil proceeding involving a child of the parent or guardian.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-04 - Referred to Judiciary & Civil Jurisprudence [HB1176 Detail]
Download: Texas-2015-HB1176-Introduced.html
| 84R5987 MAW-F | ||
| By: Raymond | H.B. No. 1176 | |
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| relating to certain privileges of a parent or guardian in a criminal | ||
| or civil proceeding involving a child of the parent or guardian. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Code of Criminal Procedure, is | ||
| amended by adding Article 38.0742 to read as follows: | ||
| Art. 38.0742. PRIVILEGE OF PARENT OR GUARDIAN. (a) In this | ||
| article: | ||
| (1) "Child" has the meaning assigned by Section | ||
| 22.011(c), Penal Code. | ||
| (2) "Confidential communication" means a | ||
| communication that is made privately by a parent or guardian to a | ||
| child of the parent or guardian and is not intended to be disclosed | ||
| to any other person. | ||
| (b) A parent or guardian has a privilege to refuse to | ||
| testify against a child of the parent or guardian in a criminal | ||
| proceeding. A parent or guardian has a privilege in a criminal | ||
| proceeding to refuse to disclose and to prevent another from | ||
| disclosing a confidential communication made to a child of the | ||
| parent or guardian. | ||
| (c) A privilege under this article may be claimed only by a | ||
| parent or guardian. | ||
| (d) A privilege under this article does not apply in any | ||
| proceeding in which the child is charged with an offense against the | ||
| child's parent or guardian or a member of the parent's or guardian's | ||
| household. | ||
| (e) This article does not prohibit a parent or guardian from | ||
| testifying voluntarily against a child of the parent or guardian. A | ||
| parent or guardian who testifies voluntarily is subject to | ||
| cross-examination. | ||
| SECTION 2. Subchapter B, Chapter 22, Civil Practice and | ||
| Remedies Code, is amended by adding Section 22.013 to read as | ||
| follows: | ||
| Sec. 22.013. PRIVILEGE OF PARENT OR GUARDIAN. (a) In this | ||
| section: | ||
| (1) "Child" means a person younger than 17 years of | ||
| age. | ||
| (2) "Confidential communication" means a | ||
| communication that is made privately by a parent or guardian to a | ||
| child of the parent or guardian and is not intended to be disclosed | ||
| to any other person. | ||
| (b) A parent or guardian has a privilege to refuse to | ||
| testify against a child of the parent or guardian in a civil | ||
| proceeding. A parent or guardian has a privilege in a civil | ||
| proceeding to refuse to disclose and to prevent another from | ||
| disclosing a confidential communication made to a child of the | ||
| parent or guardian. | ||
| (c) A privilege under this section may be claimed only by a | ||
| parent or guardian. | ||
| (d) A privilege under this section does not apply if, at the | ||
| time of the civil proceeding, the child of the parent or guardian is | ||
| charged with a criminal offense against the parent or guardian or a | ||
| member of the parent's or guardian's household. | ||
| (e) This section does not prohibit a parent or guardian from | ||
| testifying voluntarily against a child of the parent or guardian. A | ||
| parent or guardian who testifies voluntarily is subject to | ||
| cross-examination. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a criminal proceeding or civil action that commences on or after the | ||
| effective date of this Act. A proceeding or action that commences | ||
| before the effective date of this Act is governed by the law in | ||
| effect on the date the proceeding or action commences, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
