bill expanding other-acts evidence in adult sexual assault cases

The text as introduced · 550 words

89R1198 EAS-F

By: Cook
H.B. No. 1977

A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of evidence of certain extraneous

offenses or acts in the prosecution of sexual assault or aggravated

sexual assault or an attempt or conspiracy to commit sexual assault

or aggravated sexual assault.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1, Article 38.37, Code of Criminal

Procedure, is amended to read as follows:

Sec. 1. (a) Subsection (b) applies to a proceeding in the

prosecution of a defendant for an offense, or an attempt or

conspiracy to commit an offense, under the following provisions of

the Penal Code:

(1) if committed against a child under 17 years of age:

(A) Chapter 21 (Sexual Offenses);

(B) Chapter 22 (Assaultive Offenses) , subject to

Subdivision (3) ; or

(C) Section 25.02 (Prohibited Sexual Conduct);

[ or ]

(2) if committed against a person younger than 18

years of age:

(A) Section 43.25 (Sexual Performance by a

Child);

(B) Section 20A.02(a)(5), (6), (7), or (8)

(Trafficking of Persons);

(C) Section 20A.03 (Continuous Trafficking of

Persons), if based partly or wholly on conduct that constitutes an

offense under Section 20A.02(a)(5), (6), (7), or (8); or

(D) Section 43.05(a)(2) (Compelling

Prostitution) ; or

(3) if committed against a person of any age:

(A) Section 22.011 (Sexual Assault); or

(B) Section 22.021 (Aggravated Sexual Assault) .

(b) Notwithstanding Rules 404 and 405, Texas Rules of

Evidence, evidence of other crimes, wrongs, or acts committed by

the defendant against the [ child who is the ] victim of the alleged

offense shall be admitted for its bearing on relevant matters,

including:

(1) the state of mind of the defendant and the victim

[ child ]; and

(2) the previous and subsequent relationship between

the defendant and the victim [ child ].

SECTION 2. Section 2(a), Article 38.37, Code of Criminal

Procedure, is amended to read as follows:

(a) Subsection (b) applies only to the trial of a defendant

for:

(1) an offense under any of the following provisions

of the Penal Code:

(A) Section 20A.02, if punishable as a felony of

the first degree under Section 20A.02(b)(1) ([ Labor or Sex ]

Trafficking of Persons [ a Child or Disabled Individual ]);

(B) Section 21.02 (Continuous Sexual Abuse of

Young Child or Disabled Individual);

(C) Section 21.11 (Indecency With a Child);

(D) Section 22.011 [ 22.011(a)(2) ] (Sexual

Assault [ of a Child ]);

(E) Section 22.021 [ Sections 22.021(a)(1)(B) and

(2) ] (Aggravated Sexual Assault [ of a Child ]);

(F) Section 33.021 (Online Solicitation of a

Minor);

(G) Section 43.25 (Sexual Performance by a

Child); or

(H) Section 43.26 (Possession or Promotion of

Child Pornography), Penal Code; or

(2) an attempt or conspiracy to commit an offense

described by Subdivision (1).

SECTION 3. The change in law made by this Act applies to the

admissibility of evidence in a criminal proceeding that commences

on or after the effective date of this Act. The admissibility of

evidence in a criminal proceeding that commences before the

effective date of this Act is governed by the law in effect on the

date the proceeding commenced, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.