bill raising the child hearsay age from 12 to 14

The text as introduced · 680 words

90R2281 DNC-D

By: Curry
H.B. No. 223

A BILL TO BE ENTITLED

AN ACT

relating to the recorded testimony of a child and admissibility of

certain hearsay statements of a child describing alleged abuse or

family violence.

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

SECTION 1. Section 84.006, Family Code, is amended to read

as follows:

Sec. 84.006. HEARSAY STATEMENT OF CHILD VICTIM OF FAMILY

VIOLENCE. In a hearing on an application for a protective order, a

statement made by a child 14 [ 12 ] years of age or younger that

describes alleged family violence against the child is admissible

as evidence in the same manner that a child's statement regarding

alleged abuse against the child is admissible under Section 104.006

in a suit affecting the parent-child relationship.

SECTION 2. Section 104.002, Family Code, is amended to read

as follows:

Sec. 104.002. PRERECORDED STATEMENT OF CHILD. If a child 14

[ 12 ] years of age or younger is alleged in a suit under this title to

have been abused, the recording of an oral statement of the child

recorded prior to the proceeding is admissible into evidence if:

(1) no attorney for a party was present when the

statement was made;

(2) the recording is both visual and aural and is

recorded on film or videotape or by other electronic means;

(3) the recording equipment was capable of making an

accurate recording, the operator was competent, and the recording

is accurate and has not been altered;

(4) the statement was not made in response to

questioning calculated to lead the child to make a particular

statement;

(5) each voice on the recording is identified;

(6) the person conducting the interview of the child

in the recording is present at the proceeding and available to

testify or be cross-examined by either party; and

(7) each party is afforded an opportunity to view the

recording before it is offered into evidence.

SECTION 3. Section 104.004(a), Family Code, is amended to

read as follows:

(a) If in a suit a child 14 [ 12 ] years of age or younger is

alleged to have been abused, the court may, on the motion of a party

to the proceeding, order that the testimony of the child be taken in

a room other than the courtroom and be televised by closed-circuit

equipment in the courtroom to be viewed by the court and the

parties.

SECTION 4. Section 104.006, Family Code, is amended to read

as follows:

Sec. 104.006. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. In a

suit affecting the parent-child relationship, a statement made by a

child 14 [ 12 ] years of age or younger that describes alleged abuse

against the child, without regard to whether the statement is

otherwise inadmissible as hearsay, is admissible as evidence if, in

a hearing conducted outside the presence of the jury, the court

finds that the time, content, and circumstances of the statement

provide sufficient indications of the statement's reliability and:

(1) the child testifies or is available to testify at

the proceeding in court or in any other manner provided for by law;

or

(2) the court determines that the use of the statement

in lieu of the child's testimony is necessary to protect the welfare

of the child.

SECTION 5. (a) The change in law made by this Act applies to

a suit affecting the parent-child relationship that is pending in a

trial court on the effective date of this Act or that is filed on or

after the effective date of this Act.

(b) The change in law made by this Act applies only to a

hearing on an application for a protective order that is commenced

on or after the effective date of this Act. A hearing on an

application for a protective order that is commenced before the

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

date the hearing was commenced, and that law is continued in effect

for that purpose.

SECTION 6. This Act takes effect September 1, 2027.