Tex.
Code of Crim. Proc. Article 38.072
Hearsay Statement of Certain Abuse Victims
(1)
Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);(2)
Section 25.02 (Service and Return) (Prohibited Sexual Conduct);(3)
Section 43.25 (Body of Convict) (Sexual Performance by a Child);(4)
Section 43.05 (Issuance and Recall of Capias Pro Fine)(a)(2) or (3) (Compelling Prostitution);(5)
Section 20A.02(a)(5), (6), (7), or (8) (Trafficking of Persons);(6)
Section 20A.03 (Continuous Trafficking of Persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(5), (6), (7), or (8); or(7)
Section 15.01 (Warrant of Arrest) (Criminal Attempt), if the offense attempted is described by Subdivision (1), (2), (3), (4), (5), or (6) of this section.(a)
This article applies only to statements that describe the alleged offense that:(1)
were made by the child or person with a disability 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 or person with a disability made a statement about the offense.(a)
This article applies only to statements that:(1)
describe:(A)
the alleged offense; or(B)
if the statement is offered during the punishment phase of the proceeding, a crime, wrong, or act other than the alleged offense that is:(i)
described by Section 1;(ii)
allegedly committed by the defendant against the child who is the victim of the offense or another child younger than 14 years of age; and(iii)
otherwise admissible as evidence under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or another law or rule of evidence of this state;(2)
were made by the child against whom the charged offense or extraneous crime, wrong, or act was allegedly committed; and(3)
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 or extraneous crime, wrong, or act.(b)
A statement that meets the requirements of Subsection (a) 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 or person with a disability testifies or is available to testify at the proceeding in court or in any other manner provided by law.
Source:
Article 38.072 — Hearsay Statement of Certain Abuse Victims, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.38.htm#38.072 (accessed Apr. 20, 2024).
