bill letting prosecutors use other bad acts in family cases

The text as introduced · 514 words

89R13871 JSC-D

By: Toth
H.B. No. 3603

A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of evidence of extraneous offenses or

acts in the prosecution of certain family violence 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 EXTRANEOUS OFFENSES OR ACTS IN

PROSECUTION OF CERTAIN FAMILY VIOLENCE OFFENSES. (a) 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:

(1) Chapter 19, Penal Code, if the victim of the

alleged offense is a person whose relationship to or association

with the defendant is described by Section 71.0021(b), 71.003, or

71.005, Family Code;

(2) Section 22.01, 22.02, or 22.04, Penal Code, if the

victim of the alleged offense is a person whose relationship to or

association with the defendant is described by Section 71.0021(b),

71.003, or 71.005, Family Code; and

(3) Section 25.11, Penal Code.

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

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

the defendant against the person 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;

and

(2) the previous and subsequent relationship between

the defendant and the victim.

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

Evidence, and subject to Subsection (d), evidence that the

defendant has committed a separate offense described by Subsection

(a) may be admitted in the trial of an alleged offense described by

Subsection (a) for any bearing the evidence has on relevant

matters, including the character of the defendant and acts

performed in conformity with the character of the defendant.

(d) Before evidence described by Subsection (c) may be

introduced, the trial judge must:

(1) determine that the evidence likely to be admitted

at trial will be adequate to support a finding by the jury that the

defendant committed the separate offense beyond a reasonable doubt;

and

(2) conduct a hearing out of the presence of the jury

for that purpose.

(e) The state shall give the defendant notice of the state's

intent to introduce in the case chief evidence described by

Subsection (b) or (c) not later than the 30th day before the date of

the defendant's trial.

(f) This article does not limit the admissibility of

evidence of extraneous crimes, wrongs, or acts under any other

applicable law.

SECTION 2. 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 3. This Act takes effect September 1, 2025.