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


Office of House Bill AnalysisH.B. 1209
By: Williams
Criminal Jurisprudence
3/22/2001
Introduced



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.
Currently, only a person under the age of 18 is 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.