Texas Code of Criminal Procedure - Article 38.072. Hearsay Statement Of Child Abuse Victim
Legal Research Home >
Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 38.072. Hearsay Statement Of Child Abuse Victim
Art. 38.072. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. Sec.
1. This article applies to a proceeding in the prosecution of an
offense under any of the following provisions of the Penal Code, if
committed against a child 12 years of age or younger:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct); or
(3) Section 43.25 (Sexual Performance by a Child).
Sec. 2. (a) This article applies only to statements that
describe the alleged offense that:
(1) were made by the child against whom the offense was
allegedly committed; and
(2) were made to the first person, 18 years of age or older,
other than the defendant, to whom the child made a statement about
the offense.
(b) A statement that meets the requirements of Subsection
(a) of this article is not inadmissible because of the hearsay rule
if:
(1) on or before the 14th day before the date the proceeding
begins, the party intending to offer the statement:
(A) notifies the adverse party of its intention to do so;
(B) provides the adverse party with the name of the witness
through whom it intends to offer the statement; and
(C) provides the adverse party with a written summary of the
statement;
(2) the trial court finds, in a hearing conducted outside
the presence of the jury, that the statement is reliable based on
the time, content, and circumstances of the statement; and
(3) the child testifies or is available to testify at the
proceeding in court or in any other manner provided by law.
Added by Acts 1985, 69th Leg., ch. 590, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.25, eff. Sept. 1,
1995.
Article: 37.14 38.01 38.03 38.04 38.05 38.07 38.071 38.072 38.073 38.08 38.10 38.101 38.12 38.14 38.141
Last modified: August 11, 2007
|
