Louderback Bill Raises Child Witness Shield Age From 13 To 18

The text as introduced · 320 words

90R1997 MEW-D

By: Louderback
H.B. No. 784

A BILL TO BE ENTITLED

AN ACT

relating to the availability of a child younger than 18 years of age

to testify in the presence of the defendant in a criminal hearing or

proceeding concerning certain offenses.

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

SECTION 1. Section 1, Article 38.071, Code of Criminal

Procedure, is amended to read as follows:

Sec. 1. This article applies only to a hearing or proceeding

in which the court determines that a child younger than 18 [ 13 ]

years of age would be unavailable to testify in the presence of the

defendant about an offense defined by any of the following sections

of the Penal Code:

(1) Section 19.02 (Murder);

(2) Section 19.03 (Capital Murder);

(3) Section 19.04 (Manslaughter);

(4) Section 20.04 (Aggravated Kidnapping);

(5) Section 21.11 (Indecency with a Child);

(6) Section 22.011 (Sexual Assault);

(7) Section 22.02 (Aggravated Assault);

(8) Section 22.021 (Aggravated Sexual Assault);

(9) Section 22.04(e) (Injury to a Child, Elderly

Individual, or Disabled Individual);

(10) Section 22.04(f) (Injury to a Child, Elderly

Individual, or Disabled Individual), if the conduct is committed

intentionally or knowingly;

(11) Section 25.02 (Prohibited Sexual Conduct);

(12) Section 29.03 (Aggravated Robbery);

(13) Section 43.25 (Sexual Performance by a Child);

(14) Section 21.02 (Continuous Sexual Abuse of Young

Child or Disabled Individual);

(15) Section 43.05(a)(2) (Compelling Prostitution);

or

(16) Section 20A.02(a)(7) or (8) (Trafficking of

Persons).

SECTION 2. The change in law made by this Act applies only

to a criminal hearing or proceeding that commences on or after the

effective date of this Act. A criminal hearing or proceeding that

commences before the effective date of this Act is governed by the

law in effect on the date the hearing or proceeding commenced, and

the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2027.