HBA-KMH H.B. 297 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 297
By: Wise
Criminal Jurisprudence
1/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law provides a general presumption of competency to
testify in both civil and criminal cases with certain exceptions in Rule
601, Rules of Evidence.  H.B. 297 provides a specific criteria for
determining competency to testify in criminal cases but leaves the decision
to the final determination of the judge. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Code of Criminal Procedure, by adding
Article 38.070, as follows: 

Art.  38.070.  COMPETENCY OF INDIVIDUAL TO TESTIFY.  Provides a presumption
of competency of an individual to testify in a criminal proceeding unless
the individual lacks sufficient mental capacity to observe, record,
recollect, and narrate matters or does not understand the duty to tell the
truth.  Authorizes the judge to examine a witness to assess competency to
testify if it is at issue. 

SECTION 2.  Provides that under Section 22.109(b), Government Code, Rule
601, Texas Rules of Evidence, is disapproved, but only to the extent that
it applies to criminal proceedings. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.