Texas Code of Criminal Procedure - Article 38.072. Hearsay Statement Of Child Abuse Victim

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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.

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