Dane Whitworth. David Sheppard, Ruth Ellen Gura and Gerry orris ...

slitnte a commonscheme or plan; or (2) !he of-
fenses are repeated commission of same or
similar offenses. All other provisions of Sec:
lton 3 remain unchanged. 9/1/87
SECTION 1. Section 3.01. Penal Code, is
amended to read as follows:
Sec. 3.01. DEFINITION. In this chapter,
"criminal eoisode".means the commissMn of
SECTION 2. (a) The change in law made by
this Act applies to thejoinder4 prosecutions
of offenses arising out of a single criminal
episode only if each offense occurs after the
effedvedate of this Act. For purposes afthis
seerion, an offense is Earnmilfed hefore !he
effeciivedate ofthis Act ifany elemeot afthe
offense occurs before the effective date.
(b) The joinder of prosecutions for offenses
arising out of as~ngleeriminal episode if ahy
of the offenses was committed before the effeetivedate
of this Act is covered by the law
ineffect before theehangesmadeby this Act,
and the former law is continuedin effect far
this purpose.
SECTION 3. This Act takes effect September
1, 1987.
H.B. 1104
H.B. 1104 completely rewrites Article49 of
C.C.P. settmg out theprondures to he followed
in inquests and the responsibilities of Justices
of the Peace. 9/1/87
H.B. 1175
H.B. 1175 anlends Article 14.05 C.C.P. to
prohibit an officer froni entering a residence to
make a warrantless arrest with two exceptions:
SECTION 1. Adele 14.05, Ccdeof Criminal
Procedure, is amended to read as follows
An. 14.05 RIClHTS OF OFFICER. In each
caseenumerated wherearresls may belawfully
made without warrant, the officer or person
making the arrest is justified in adopting
dl the measures whichhe mieht - ad001 . in cw
of arrest under warrant. erccot that on officer
(I) opemon who resides in the residence
consents to the errij; or
engenr cimmtmces require that the
o.cer making the orrest errrer the
residenm wirhorrr the consent ofa resident
or without n warrant.
10 VOICE for the Defeme I November 1987
H.B. 1826
H.B. 1826 amends Arhicle 42.12, Section 6
allowing the Court to make it a term of proha-
tion that the defendant pay counseling costs for
the victims of certain sexual offenses. 9/1/87
H.B. 1827
H.B. 1827 adds personal identification infor-
mation to the lists of information required on
a personal bond by Article 17.04 C.C.P. 9/1/87
S.B. 66
S.B. 66 amends Anicle 38.071 C.C.P.
relating to the recording of an oral statement
of a child. It was enacted and signed into law
prior to the decision m Long v. Slate, which
declared Sections I and I1 of Article 38.071
unconstitutional.
It also amends SeclionJll relahn~ to who may
be present during the making of a video tape.
It also creates Article 21.31 C.C.P. providing
for medical testing to determine if the defendant
has a sexually transmitted disease.
SECTION 1. Article 38.071, Code of
Criminal Pmcedure, asamended by H.B. No.
2146, 70th Legislelure, Regular Session,
1987, is amended to read as follows:
Art. 38.071. TESTIMONY OF CHILD
WHO IS VICTIM OF OFFENSE
Sec. 1. This anicie applies only to a proceeding
in the prosecution of an offense
d&ed by m y of thefollo~~it~g seerio~zs of the
Pennl Code ifrlze offense is alleged ta have
been committed against a child 12 years of
age oy youngera,rdftI~efriaI~(penflnds tRnr
the child is rorol.ailable to terrify at the trial
of the offense, and applies only to the
statements.or . t i n y of that child:
(I) &ion '21.11 (Indecetlcy with the
; Child);' .
. . : .@);?)- ~ection 22.011 (Sara1 Assault);
. : . .
(3) Section 22;02 (Aggmvard Assnuit);
. .~ ' (4)Se&ion 22.021 (Aggravated S m l
; - Asmrrlt);
(5) Seeti& 22.04 (b) (hljury to o Child
or an Elderly hdividmd);
(6) Section 22.04 (c) (Injury to a Child
or an Elderly Iwdividual), ifthe conduct
is cornrnined inrentiminiiy or k~rowlngly;
(7) Section 25.02 (InmrJ:
(8J Section 25.05 (&iidIarion ofn UtiIdJ,
ifthe offense is afelony ofthe thirddegree;
or
(9) Section 43.25 (Serial Pafonnance by
a ChildJ.
Sec. 2. (a) 'the renuding ofan oralstatonefir
of the child mpde bgfore lhe indicttnent is
ret~rned or the co~minitrf 110s been filedisadmissible
into evidc&e if the our1 makes n
neutral individr~olesperiencedtrr childabuse
we8 that sech tofind the trnfh of the maner.
(b) Ifa recording is mode under Sub~ction
(a) ofthis section andafter an indictment is
remtedorn coqlarnthas beenfiied, by motion
ofthe alrorney represenling the state or
the attorney representing the defmfant and
on the approwl ofthe court, both attonreys
may propourd wriften inlerragntories thaf
shall be presented by rhe same neutral individt~nl
who made the initial inquiries, if
possible, and recorded under the sariIe,or
similar cirntmsrance3 ofrhe original ~ecordlag
~ ith the timear~ddaleofth~ inqiiry clearly
indicated in the recording.
(c) A recording made under Subsecxion In)
ofthis section is not admissible mto eviderrce
unless a recordwg mode under Subsection (b)
is ndmitted or the same rime ifa recording
rrn8er Subsection (21) nws requstedprior to
ritm aftrid.
Set. 3. (a) On isownmotionoron themofion
ofthe nltorney representing the stare or the
anonrey represmfirzg the defendaar. the court
may ordcr that !he testimony of the child be
takenduriirg the trial in a rmn~atherthan the
courlraom and be televised by closed circuit
equipment in the courtroom 10 be viewed by
the court, the coun reporter, and the fmder
of fact. To the extent prncf~mble, only the
judge, the attorneys for the defendant and for
the state, persons necessary to operate the
equipment, and any person whose presence
would eamribute to the welfare and well-being
of the ehdd may be present in the room with
the child during his testimony. Only the attameysandthejridgemay
question the ch~ld.
To the exlezrprncticabIe, the penon necessary
to operate the equtpment shall be confined to
an adjacent nam or behlnd ascreen or mimr
that permtts them to see and hear the chdd
dunng his testmany, but does not pernut the
chtldto seeor hear them. Thecouashdpermil
the defendant to observe and hear the
testimony of the chid and to conunnrrimte
mwtetnpormeously with his atfortrey during
periods of recess or by audio contacr, but the
eouit shallaitmp to ensure that thechid cannot
hear or see the defendant. The coun shall
permit the attorney for the defendant adequate
oppanunrty to confer with the defendant
during crossexammation of the chlld. On
apphcatron of the attorney for the defendant,
the court mey recess the prweeding before
or durmg cross-examtnation of the child for
a reasonable time toallow theattorney for the
defendant to confer with defcndant.
(6) The court may set any orher co~~ditions
and limitntiom on tlte raknrg ofthe testinwny
tltnr itfindsjrrrr nrtd npproprinle, takiug into
consideration the ihterest ofthe child, the
rights ofthe defendant, and any other rele-
,mt factors.
Sec. 4. (aJ Aftr au indietmerrr hos becn
rerunted or n co,nplaint jiled clrargmg rke
defendmu nith on offense to which this art,-
cle applia, an its o w >notion or m tltenrotion
of the attorney represenling the state or the
ortonmy represomg the defcndmtr, rhecoun
may order that thc testimony of the chlld be