Bill Text: TX HB1669 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the admissibility of evidence of other crimes, wrongs, or acts in the prosecution of certain sexual offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB1669 Detail]
Download: Texas-2013-HB1669-Introduced.html
83R4742 MAW-F | ||
By: Carter | H.B. No. 1669 |
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relating to the admissibility of evidence of other crimes, wrongs, | ||
or acts in the prosecution of certain sexual offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 1, 2, and 3, Article 38.37, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
Sec. 1. (a) Subsection (b) [ |
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proceeding in the prosecution of a defendant for an offense, or an | ||
attempt or conspiracy to commit an offense, under the following | ||
provisions of the Penal Code: | ||
(1) if committed against a child under 17 years of age: | ||
(A) Chapter 21 (Sexual Offenses); | ||
(B) Chapter 22 (Assaultive Offenses); or | ||
(C) Section 25.02 (Prohibited Sexual Conduct); | ||
or | ||
(2) if committed against a person younger than 18 | ||
years of age: | ||
(A) Section 43.25 (Sexual Performance by a | ||
Child); | ||
(B) Section 20A.02(a)(7) or (8) (Trafficking of | ||
Persons) involving trafficking a child for sexual purposes; [ |
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(C) Section 20A.03 (Continuous Trafficking of | ||
Persons), if the defendant engaged at least once in conduct | ||
constituting an offense under Section 20A.02(a)(7) or (8); or | ||
(D) Section 43.05(a)(2) (Compelling | ||
Prostitution). | ||
(b) [ |
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Rules of Evidence, evidence of other crimes, wrongs, or acts | ||
committed by the defendant against the child who is the victim of | ||
the alleged offense shall be admitted for its bearing on relevant | ||
matters, including: | ||
(1) the state of mind of the defendant and the child; | ||
and | ||
(2) the previous and subsequent relationship between | ||
the defendant and the child. | ||
Sec. 2. (a) Subsection (b) applies only to the trial of a | ||
defendant for: | ||
(1) an offense under any of the following provisions | ||
of the Penal Code: | ||
(A) Section 20A.02(a)(7) or (8) (Trafficking of | ||
Persons) involving trafficking a child for sexual purposes; | ||
(B) Section 20A.03 (Continuous Trafficking of | ||
Persons), if the defendant engaged at least once in conduct | ||
constituting an offense under Section 20A.02(a)(7) or (8); | ||
(C) Section 21.02 (Continuous Sexual Abuse of | ||
Young Child or Children); | ||
(D) Section 21.11 (Indecency With a Child); | ||
(E) Section 22.011 (Sexual Assault); | ||
(F) Section 22.021 (Aggravated Sexual Assault); | ||
(G) Section 25.02 (Prohibited Sexual Conduct); | ||
(H) Section 33.021 (Online Solicitation of a | ||
Minor); | ||
(I) Section 43.05 (Compelling Prostitution); | ||
(J) Section 43.25 (Sexual Performance by a | ||
Child); or | ||
(K) Section 43.26 (Possession or Promotion of | ||
Child Pornography); or | ||
(2) an attempt or conspiracy to commit an offense | ||
described by Subdivision (1). | ||
(b) Notwithstanding Rules 404 and 405, Texas Rules of | ||
Evidence, evidence that the 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. | ||
Sec. 3. On timely request by the defendant, the state shall | ||
give the defendant notice of the state's intent to introduce in the | ||
case in chief evidence described by Section 1 or 2 in the same | ||
manner as the state is required to give notice under Rule 404(b), | ||
Texas Rules of Evidence. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2013. |