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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring written notice before the introduction of |
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certain evidence during the punishment phase of a criminal trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Article 37.07, Code of Criminal |
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Procedure, is amended by amending Subsection (g) and adding |
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Subsection (g-1) to read as follows: |
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(g) On timely written request of the defendant, notice of |
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intent to introduce evidence under this article shall be given in |
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the same manner required by Rule 404(b), Texas Rules of Evidence. |
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If the attorney representing the state intends to introduce an |
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extraneous crime or bad act that has not resulted in a final |
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conviction in a court of record or a probated or suspended sentence, |
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notice of that intent is reasonable only if the notice is written |
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and includes the date on which and the county in which the alleged |
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crime or bad act occurred and the name of the alleged victim of the |
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crime or bad act. The requirement under this subsection that the |
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attorney representing the state give notice applies only if the |
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defendant makes a timely request to the attorney representing the |
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state for the notice. |
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(g-1) Evidence described by Subsection (g) may not be |
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admitted in evidence if the attorney representing the state gives |
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the defendant the notice required by Subsection (g) after the 30th |
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day before the date on which the trial is scheduled to commence. |
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SECTION 2. (a) Notwithstanding Section 22.109, Government |
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Code, the court of criminal appeals may not amend or adopt rules in |
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conflict with this Act. |
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(b) This Act applies only to a criminal trial that commences |
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on or after the effective date of this Act. A criminal trial that |
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commenced before the effective date of this Act is governed by the |
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law in effect at the time the trial commenced, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |