HBA-CBW, SEP S.B. 24 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 24
By: Shapiro
Criminal Jurisprudence
3/18/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law provides no opportunity for a judge to allow a child
who is the witness to criminal activity to testify outside of the presence
of the accused. Senate Bill 24 authorizes a court authority to allow a
child younger than 13 years of age to testify outside the presence of the
accused. 

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

Senate Bill 24 amends the Code of Criminal Procedure to permit the use of
the out of court testimony of a child during hearings or proceedings in
which the court determines that a child younger than 13 years of age would
be unavailable to testify in the presence of the defendant.  The bill
permits the use of such testimony at hearings or proceedings involving
murder, capital murder, manslaughter, aggravated kidnapping, and aggravated
robbery.  The bill removes the provision requiring the attorney
representing the state to notify the court, the defendant, and attorney
representing the defendant of the state attorney's intent to use a
recording of the child's oral statement made before a complaint has been
filed or an indictment returned for the evidence to be admissible.  

EFFECTIVE DATE

September 1, 2001.