Texas Code of Criminal Procedure - Article 38.37. Evidence Of Extraneous Offenses Or Acts
Legal Research Home >
Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 38.37. Evidence Of Extraneous Offenses Or Acts
Art. 38.37. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS. Sec.
1. This article applies to a proceeding in the prosecution of a
defendant for an offense under the following provisions of the
Penal Code, if committed against a child under 17 years of age:
(1) Chapter 21 (Sexual Offenses);
(2) Chapter 22 (Assaultive Offenses);
(3) Section 25.02 (Prohibited Sexual Conduct);
(4) Section 43.25 (Sexual Performance by a Child); or
(5) an attempt or conspiracy to commit an offense listed in
this section.
Sec. 2. Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, evidence of other crimes, wrongs, or acts committed by
the defendant against the child 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 child; and
(2) the previous and subsequent relationship between the
defendant and the child.
Sec. 3. On timely request by the defendant, the state shall
give the defendant notice of the state's intent to introduce in the
case in chief evidence described by Section 2 in the same manner as
the state is required to give notice under Rule 404(b), Texas Rules
of Evidence.
Sec. 4. This article does not limit the admissibility of
evidence of extraneous crimes, wrongs, or acts under any other
applicable law.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 48(a), eff. Sept. 1,
1995.
Sec. 2 amended by Acts 2005, 79th Leg., ch. 728, Sec. 4.004, eff.
Sept. 1, 2005; Sec. 3 amended by Acts 2005, 79th Leg., ch. 728, Sec.
4.004, eff. Sept. 1, 2005.
Article: 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 38.44
Last modified: August 11, 2007
|
