HB 3603
AN ACT relating to the admissibility of evidence of extraneous offenses or
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Changes rules about admitting evidence of past domestic violence or family-related offenses during criminal trials. It allows prosecutors to introduce prior incidents of violence or wrongdoing by the defendant against the victim to help demonstrate the defendant's character, state of mind, and relationship history. Before such evidence can be admitted, a judge must carefully review it to ensure there is substantial proof of the prior offense and conduct a hearing outside the jury's presence, providing additional procedural safeguards while expanding opportunities to show patterns of abusive behavior.
Subject Areas
Bill Text
relating to the admissibility of evidence of extraneous offenses or acts in the prosecution of certain family violence 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 EXTRANEOUS OFFENSES OR ACTS IN PROSECUTION OF CERTAIN FAMILY VIOLENCE OFFENSES. (a) 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, (1) Chapter 19, Penal Code, if the victim of the alleged offense is a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or (2) Section 22.01, 22.02, or 22.04, Penal Code, if the victim of the alleged offense is a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and (3) Section 25.11, Penal Code. (b) Notwithstanding Rules 404 and 405, Texas Rules of Evidence, evidence of other crimes, wrongs, or acts committed by the defendant against the person 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 (c) Notwithstanding Rules 404 and 405, Texas Rules of Evidence, and subject to Subsection (d), evidence that the defendant has committed a separate offense described by Subsection (a) may be admitted in the trial of an alleged offense described by Subsection (a) for any bearing the evidence has on relevant matters, including the character of the defendant and acts performed in conformity with the character of the defendant. (d) Before evidence described by Subsection (c) may be introduced, the trial judge must: (1) determine that the evidence likely to be admitted at trial will be adequate to support a finding by the jury that the defendant committed the separate offense beyond a reasonable doubt; (2) conduct a hearing out of the presence of the jury (e) The state shall give the defendant notice of the state's intent to introduce in the case chief evidence described by Subsection (b) or (c) not later than the 30th day before the date of (f) This article does not limit the admissibility of evidence of extraneous crimes, wrongs, or acts under any other SECTION 2. 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 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the admissibility of evidence of extraneous offenses or
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