HBA-MPM H.B. 298 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 298
By: Wise
Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

A child who is the victim of or witness to a sexual offense may find it
difficult to relate the details of the incident at trial using adult
terminology.  Other states have implemented special procedures for child
witnesses giving testimony.  H.B. 298 allows a judge to permit the use of
visual aids and other anatomically detailed dolls, mannequins, or drawings
to assist a child younger than 16 in providing testimony in a criminal
proceeding relating to a sexual offense. 

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.  VISUAL AIDS.  Sets forth that this article applies to
proceedings in the prosecution of an offense under Chapter 21 (Sexual
Offenses), Chapter 22 (Assaultive Offenses), Section 25.02 (Prohibited
Sexual Conduct), or Section 43.25 (Sexual Performance by a Child), Penal
Code, if the offense is committed against or witnessed by a child younger
than age 16.  Authorizes a judge to permit the use of an anatomically
detailed doll, mannequin, or drawing to assist a child in providing
testimony in any of the above described prosecutions. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.