Texas Code of Criminal Procedure - Article 38.36. Evidence In Prosecutions For Murder
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Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 38.36. Evidence In Prosecutions For Murder
Art. 38.36. EVIDENCE IN PROSECUTIONS FOR MURDER. (a) In all
prosecutions for murder, the state or the defendant shall be
permitted to offer testimony as to all relevant facts and
circumstances surrounding the killing and the previous
relationship existing between the accused and the deceased,
together with all relevant facts and circumstances going to show
the condition of the mind of the accused at the time of the offense.
(b) In a prosecution for murder, if a defendant raises as a
defense a justification provided by Section 9.31, 9.32, or 9.33,
Penal Code, the defendant, in order to establish the defendant's
reasonable belief that use of force or deadly force was immediately
necessary, shall be permitted to offer:
(1) relevant evidence that the defendant had been the victim
of acts of family violence committed by the deceased, as family
violence is defined by Section 71.004, Family Code; and
(2) relevant expert testimony regarding the condition of
the mind of the defendant at the time of the offense, including
those relevant facts and circumstances relating to family violence
that are the basis of the expert's opinion.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 7.03, eff. Sept. 1,
1994. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(g),
eff. Sept. 1, 2003.
Article: 38.27 38.30 38.31 38.32 38.33 38.34 38.35 38.36 38.37 38.38 38.39 38.40 38.41 38.42 38.43
Last modified: August 11, 2007
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