HB 1977

relating to the admissibility of evidence of certain extraneous
offenses or acts in the prosecution of sexual assault or aggravated
sexual assault or an attempt or conspiracy to commit sexual assault
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 1, Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1.  (a)  Subsection (b) applies to a proceeding in the
prosecution of a defendant for an offense, or an attempt or
conspiracy to commit an offense, under the following provisions of
(1)  if committed against a child under 17 years of age:
(A)  Chapter 21 (Sexual Offenses);
(B)  Chapter 22 (Assaultive Offenses), subject to
(C)  Section 25.02 (Prohibited Sexual Conduct);
(2)  if committed against a person younger than 18
(A)  Section 43.25 (Sexual Performance by a
(B)  Section 20A.02(a)(5), (6), (7), or (8)
(C)  Section 20A.03 (Continuous Trafficking of
Persons), if based partly or wholly on conduct that constitutes an
offense under Section 20A.02(a)(5), (6), (7), or (8); or
(D)  Section 43.05(a)(2) (Compelling
(3)  if committed against a person of any age:
(A)  Section 22.011 (Sexual Assault); or
(B)  Section 22.021 (Aggravated Sexual Assault).
(b)  Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, evidence of other crimes, wrongs, or acts committed by
the defendant against the [child who is the] victim of the alleged
offense shall be admitted for its bearing on relevant matters,
(1)  the state of mind of the defendant and the victim
(2)  the previous and subsequent relationship between
the defendant and the victim [child].
SECTION 2.  Section 2(a), Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
(a)  Subsection (b) applies only to the trial of a defendant
(1)  an offense under any of the following provisions
(A)  Section 20A.02, if punishable as a felony of
the first degree under Section 20A.02(b)(1) ([Labor or Sex]
Trafficking of Persons [a Child or Disabled Individual]);
(B)  Section 21.02 (Continuous Sexual Abuse of
Young Child or Disabled Individual);
(C)  Section 21.11 (Indecency With a Child);
(D)  Section 22.011 [22.011(a)(2)] (Sexual
(E)  Section 22.021 [Sections 22.021(a)(1)(B) and
(2)] (Aggravated Sexual Assault [of a Child]);
(F)  Section 33.021 (Online Solicitation of a
(G)  Section 43.25 (Sexual Performance by a
(H)  Section 43.26 (Possession or Promotion of
Child Pornography), Penal Code; or
(2)  an attempt or conspiracy to commit an offense
SECTION 3.  The change in law made by this Act applies to the
admissibility of evidence in a criminal proceeding that commences
on or after the effective date of this Act.  The admissibility of
evidence in a criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
SECTION 4.  This Act takes effect September 1, 2025.