HBA-AMW H.B. 1209 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1209
By: Williams
Criminal Jurisprudence
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

A conviction for sexual assault or aggravated sexual assault is supportable
on the uncorroborated testimony of the victim if the victim informed any
person, other than the defendant, of the alleged offense within one year
after the date on which the offense is alleged to have occurred.  Prior to
the 77th Legislature, only a person under the age of 18 was exempt from the
requirement that the victim tell another person of the alleged offense.
Age is not the only factor that can hinder a victim's ability to tell
another of an alleged offense.   In some cases, victims who by reason of
age or physical or mental disease, defect, or injury are incapable of
caring for themselves may be unable to report an alleged crime to another
person.  House Bill 1209 exempts a person age 17 or younger, age 65 or
older, or a person age 18 or older who by reason of age or physical or
mental disease, defect, or injury was substantially unable to satisfy the
person's need for food, shelter, medical care, or protection from harm from
the requirements that the victim inform another person of sexual assault or
aggravated sexual assault within one year so that a conviction for such an
offense is supportable on the uncorroborated testimony of the victim.  

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. 

ANALYSIS

House Bill 1209 amends the Code of Criminal Procedure relating to the
exception for the uncorroborated testimony of victims of sexual assault or
aggravated sexual assault.  The bill provides that the requirement that the
victim inform another person of the alleged offense within one year does
not apply if at the time of the alleged offense the victim was a person 17
years of age or younger, 65 years of age or older, or 18 years of age or
older if the victim by reason of age or physical or mental disease, defect,
or injury was substantially unable to satisfy the person's need for food,
shelter, medical care, or protection from harm.     
EFFECTIVE DATE

September 1, 2001.