Bill Text: TX SB535 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the admissibility of evidence regarding a victim's past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-12-05 - Filed [SB535 Detail]

Download: Texas-2025-SB535-Introduced.html
  89R4121 EAS-F
 
  By: Huffman S.B. No. 535
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the admissibility of evidence regarding a victim's past
  sexual behavior in prosecutions of certain trafficking, sexual, or
  assaultive offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Code of Criminal Procedure, is
  amended by adding Article 38.372 to read as follows:
         Art. 38.372.  EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR.  
  (a)  In this article, "victim" includes the victim of an extraneous
  offense or act with respect to which evidence is introduced during
  the prosecution of an offense described by Subsection (b).
         (b)  This article applies to a proceeding in the prosecution
  of a defendant for an offense, or for an attempt or conspiracy to
  commit an offense, under any of the following provisions of the
  Penal Code:
               (1)  Section 20A.02(a)(3), (4), (7), or (8)
  (Trafficking of Persons);
               (2)  Section 20A.03 (Continuous Trafficking of
  Persons), if the offense is based partly or wholly on conduct that
  constitutes an offense under Section 20A.02(a)(3), (4), (7), or
  (8);
               (3)  Section 21.02 (Continuous Sexual Abuse of Young
  Child or Disabled Individual);
               (4)  Section 21.11 (Indecency with a Child);
               (5)  Section 22.011 (Sexual Assault); or
               (6)  Section 22.021 (Aggravated Sexual Assault).
         (c)  Except as provided by Subsection (d), in the prosecution
  of an offense described by Subsection (b), reputation or opinion
  evidence of a victim's past sexual behavior or specific instances
  of a victim's past sexual behavior is not admissible.
         (d)  A defendant may not offer reputation or opinion evidence
  of a victim's past sexual behavior or specific instances of a
  victim's past sexual behavior unless the court:
               (1)  on a motion by the defendant made outside the
  presence of the jury, conducts an in camera examination of the
  evidence in the presence of the court reporter; and
               (2)  determines that the probative value of the
  evidence outweighs the danger of unfair prejudice to the victim and
  that the evidence:
                     (A)  is necessary to rebut or explain scientific
  or medical evidence offered by the attorney representing the state;
                     (B)  concerns past sexual behavior with the
  defendant and is offered by the defendant to prove consent;
                     (C)  relates to the victim's motive or bias;
                     (D)  is admissible under Rule 609, Texas Rules of
  Evidence; or
                     (E)  is constitutionally required to be admitted.
         (e)  The court shall seal the record of the in camera
  examination conducted under Subsection (d)(1) and preserve the
  examination record as part of the record in the case.
         SECTION 2.  Under the terms of Section 22.109(b), Government
  Code, Rule 412, Texas Rules of Evidence, is disapproved.
         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 on the
  date the proceeding commenced, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2025.
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