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AN ACT
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relating to the admissibility of certain statements made by a child |
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in a juvenile justice or criminal proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.095(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) This section and Section 51.09 do not preclude the |
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admission of a statement made by the child if: |
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(1) the statement does not stem from interrogation of |
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the child under a circumstance described by Subsection (d); or |
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(2) without regard to whether the statement stems from |
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interrogation of the child under a circumstance described by |
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Subsection (d), the statement is: |
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(A) voluntary and has a bearing on the |
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credibility of the child as a witness; or |
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(B) recorded by an electronic recording device, |
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including a device that records images, and is obtained: |
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(i) in another state in compliance with the |
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laws of that state or this state; or |
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(ii) by a federal law enforcement officer |
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in this state or another state in compliance with the laws of the |
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United States. |
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(c) An electronic recording of a child's statement made |
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under Subsection (a)(5) or (b)(2)(B) shall be preserved until all |
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juvenile or criminal matters relating to any conduct referred to in |
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the statement are final, including the exhaustion of all appeals, |
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or barred from prosecution. |
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SECTION 2. The change in law made by this Act applies only |
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to a statement relating to conduct violating a penal law that |
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occurred on or after the effective date of this Act. A statement |
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relating to conduct violating a penal law that occurred before the |
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effective date of this Act is governed by the law in effect at the |
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time the conduct occurred, and the former law is continued in effect |
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for that purpose. For purposes of this section, conduct violating a |
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penal law occurred before the effective date of this Act if any |
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element of the violation occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2337 was passed by the House on April |
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21, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2337 on May 27, 2011, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2337 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |