HBA-KMH H.B. 282 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 282
By: Wise
Criminal Jurisprudence
4/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no state law limiting the number of interviews and
examinations that a child must submit to during the investigation and
prosecution of a child abuse case.  H.B. 282 requires a court to limit the
number of interviews and examinations of a child victim if it does not
unduly abridge the rights of the defendant. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Code of Criminal Procedure, by adding
Article 38.073, as follows: 

Art.  38.073.  LIMITATION ON INTERVIEWS AND EXAMINATIONS.  Requires the
court to reasonably limit the number of interviews with and examinations of
a child under the age of 16 who is a complaining witness, unless the risk
of prejudice to the defendant outweighs the risk of  psychological damage
to the child. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.