HB 2794

relating to the admissibility of evidence regarding a victim's past
sexual behavior in prosecutions of certain assaultive offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.372 to read as follows:
Art. 38.372.  EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR.
(a)  In this article, "victim" includes an alleged victim.
(b)  This article applies to a proceeding in the prosecution
of a defendant for an offense, or for an attempt or conspiracy to
commit an offense, under any of the following provisions of the
(1)  Section 22.011 (Sexual Assault);
(2)  Section 22.012 (Indecent Assault); or
(3)  Section 22.021 (Aggravated Sexual Assault).
(c)  Except as provided by Subsection (d), in the prosecution
of an offense described by Subsection (b), reputation or opinion
evidence of a victim's past sexual behavior or specific instances
of a victim's past sexual behavior is not admissible.
(d)  A defendant may not offer reputation or opinion evidence
of a victim's past sexual behavior or specific instances of a
victim's past sexual behavior unless the court:
(1)  on a motion by the defendant made outside the
presence of the jury, conducts an in camera examination of the
evidence in the presence of the court reporter; and
(2)  determines that the probative value of the
evidence outweighs the danger of unfair prejudice to the victim and
(A)  is necessary to rebut or explain scientific
or medical evidence offered by the attorney representing the state;
(B)  concerns past sexual behavior with the
defendant and is offered by the defendant to prove consent;
(C)  relates to the victim's motive or bias;
(D)  is admissible under Rule 609, Texas Rules of
(E)  is constitutionally required to be admitted.
(e)  The court shall seal the record of the in camera
examination conducted under Subsection (d)(1) and preserve the
examination record as part of the record in the case.
SECTION 2.  Under the terms of Section 22.109(b), Government
Code, Rule 412, Texas Rules of Evidence, is disapproved.
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.