Bill keeping victims’ past sexual behavior out of evidence

The text as introduced · 439 words

89R8300 EAS-F

By: Capriglione
H.B. No. 2794

A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of evidence regarding a victim's past

sexual behavior in prosecutions of certain assaultive offenses.

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

SECTION 1. Chapter 38, Code of Criminal Procedure, is

amended by adding Article 38.372 to read as follows:

Art. 38.372. EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR.

(a) In this article, "victim" includes an alleged victim.

(b) This article applies to a proceeding in the prosecution

of a defendant for an offense, or for an attempt or conspiracy to

commit an offense, under any of the following provisions of the

Penal Code:

(1) Section 22.011 (Sexual Assault);

(2) Section 22.012 (Indecent Assault); or

(3) Section 22.021 (Aggravated Sexual Assault).

(c) Except as provided by Subsection (d), in the prosecution

of an offense described by Subsection (b), reputation or opinion

evidence of a victim's past sexual behavior or specific instances

of a victim's past sexual behavior is not admissible.

(d) A defendant may not offer reputation or opinion evidence

of a victim's past sexual behavior or specific instances of a

victim's past sexual behavior unless the court:

(1) on a motion by the defendant made outside the

presence of the jury, conducts an in camera examination of the

evidence in the presence of the court reporter; and

(2) determines that the probative value of the

evidence outweighs the danger of unfair prejudice to the victim and

that the evidence:

(A) is necessary to rebut or explain scientific

or medical evidence offered by the attorney representing the state;

(B) concerns past sexual behavior with the

defendant and is offered by the defendant to prove consent;

(C) relates to the victim's motive or bias;

(D) is admissible under Rule 609, Texas Rules of

Evidence; or

(E) is constitutionally required to be admitted.

(e) The court shall seal the record of the in camera

examination conducted under Subsection (d)(1) and preserve the

examination record as part of the record in the case.

SECTION 2. Under the terms of Section 22.109(b), Government

Code, Rule 412, Texas Rules of Evidence, is disapproved.

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.