HBA-LJP, EDN H.B. 1372 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1372
By: Wise
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a trial court is authorized to order the testimony of
certain child victims or witnesses of specified offenses to be submitted to
the court through the videotaping of or the broadcasting by closed circuit
television.  Testimony in a court proceeding for a child can be frightening
and traumatic.  House Bill 1372 expands, from children 12 years of age or
younger to 14 years of age or younger, the age group that is subject to
provisions relating to the manner in which videotaping of or the
broadcasting by closed circuit television of the testimony of a child who
is the victim of or witness to an alleged offense is conducted. 

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. 

ANALYSIS

House Bill 1372 amends the Code of Criminal Procedure to expand, from 12
years of age or younger to 14 years of age or younger, the age group of a
child for which a court is authorized to order the videotaping of or the
broadcasting by closed circuit television of the testimony of the child at
a hearing or proceeding in the prosecution of certain offenses alleged to
have been committed against the child (SECTION 1).  The bill authorizes the
court to order the videotaping or broadcasting of the testimony of the
child if the court finds that the child is unavailable to testify in the
presence of the defendant.  The bill replaces references to a trial and a
trial court with a hearing or proceeding and to a court, respectively. 

EFFECTIVE DATE

September 1, 2001.