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A BILL TO BE ENTITLED
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AN ACT
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relating to the exclusion of certain witnesses during a criminal |
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proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 36.03, Code of Criminal Procedure, is |
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amended by adding Subsections (f) and (g) to read as follows: |
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(f) The prosecuting attorney may designate one person who is |
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an officer or employee of a party that is not a natural person to |
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serve as the state's courtroom representative during a criminal |
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proceeding. Notwithstanding Rule 614, Texas Rules of Evidence, a |
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court may not exclude under this article or that rule a person who |
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has been designated as a courtroom representative under this |
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subsection unless the person is a law enforcement officer who |
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violates Subsection (g). |
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(g) A law enforcement officer who is designated as the |
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state's courtroom representative under Subsection (f) may not wear |
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a law enforcement uniform or badge while serving as that |
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representative. |
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SECTION 2. Under the terms of Section 22.109(b), Government |
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Code, Rule 614, Texas Rules of Evidence, is disapproved to the |
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extent that Rule 614 permits the exclusion of a witness who is |
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designated by the prosecuting attorney as the state's courtroom |
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representative in a criminal case from hearing the testimony of |
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other witnesses in the case. |
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SECTION 3. The change in law made by this Act applies to a |
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criminal proceeding that commences on or after the effective date |
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of this Act. A criminal proceeding that commences before the |
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effective date of this Act is covered by the law in effect when the |
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proceeding commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |