Texas Family Code - Section 54.031. Hearsay Statement Of Child Abuse Victim
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§ 54.031. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. (a)
This section applies to a hearing under this title in which a child
is alleged to be a delinquent child on the basis of a violation of
any of the following provisions of the Penal Code, if a child 12
years of age or younger is the alleged victim of the violation:
(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).
(b) This section applies only to statements that describe
the alleged violation that:
(1) were made by the child who is the alleged victim of
the violation; and
(2) were made to the first person, 18 years of age or
older, to whom the child made a statement about the violation.
(c) A statement that meets the requirements of Subsection
(b) of this section is not inadmissible because of the hearsay rule
if:
(1) on or before the 14th day before the date the
hearing begins, the party intending to offer the statement:
(A) notifies each other party of its intention to
do so;
(B) provides each other party with the name of
the witness through whom it intends to offer the statement; and
(C) provides each other party with a written
summary of the statement;
(2) the juvenile 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 who is the alleged victim testifies or is
available to testify at the hearing in court or in any other manner
provided by law.
Added by Acts 1985, 69th Leg., ch. 590, § 3, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, § 14.31, eff. Sept. 1,
1995.
Section: 53.08 54.01 54.011 54.012 54.02 54.021 54.03 54.031 54.032 54.033 54.034 54.04 54.0405 54.0406 54.0407
Last modified: August 11, 2007
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