HB3603 - Relating to the admissibility of evidence of extraneous offenses or acts in the prosecution of certain family violence offenses.

  89R13871 JSC-D     By: Toth H.B. No. 3603       A BILL TO BE ENTITLED   AN ACT   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,   under:                 (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   71.005, Family Code;                 (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,   including:                 (1)     the state of mind of the defendant and the victim;   and                 (2)     the previous and subsequent relationship between   the defendant and the victim.           (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;   and                 (2)     conduct a hearing out of the presence of the jury   for that purpose.           (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   the defendant's trial.           (f)     This article does not limit the admissibility of   evidence of extraneous crimes, wrongs, or acts under any other   applicable law.          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   effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.