Tex. Code of Crim. Proc. Article 38.073
Testimony of Inmate Witnesses


In a proceeding in the prosecution of a criminal offense in which an inmate in the custody of the Texas Department of Criminal Justice is required to testify as a witness, any deposition or testimony of the inmate witness may be conducted by a video teleconferencing system in the manner described by Article 27.18 (Plea or Waiver of Rights by Videoconference).
Added by Acts 2001, 77th Leg., ch. 788, Sec. 2, eff. June 14, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1031 (H.B. 2847), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 7, eff. June 17, 2011.
Art. 38.074. TESTIMONY OF CHILD IN PROSECUTION OF OFFENSE.
Sec. 1. In this article:

(1)

“Child” has the meaning assigned by Section 22.011 (Sexual Assault)(c), Penal Code.

(2)

“Support person” means any person whose presence would contribute to the welfare and well-being of a child.
Sec. 2. This article applies to the testimony of a child in any hearing or proceeding in the prosecution of any offense, other than the testimony of a child in a hearing or proceeding in a criminal case in which that child is the defendant.
Sec. 3. (a) A court shall:

(1)

administer an oath to a child in a manner that allows the child to fully understand the child’s duty to tell the truth;

(2)

ensure that questions asked of the child are stated in language appropriate to the child’s age;

(3)

explain to the child that the child has the right to have the court notified if the child is unable to understand any question and to have a question restated in a form that the child does understand;

(4)

ensure that a child testifies only at a time of day when the child is best able to understand the questions and to undergo the proceedings without being traumatized, including:

(A)

limiting the duration of the child’s testimony;

(B)

limiting the timing of the child’s testimony to the child’s normal school hours; or

(C)

ordering a recess during the child’s testimony when necessary for the energy, comfort, or attention span of the child; and

(5)

prevent intimidation or harassment of the child by any party and, for that purpose, rephrase as appropriate any question asked of the child.

(b)

On the motion of any party, or a parent, managing conservator, guardian, or guardian ad litem of a child or special advocate for a child, the court shall allow the child to have a toy, blanket, or similar comforting item in the child’s possession while testifying or allow a support person to be present in close proximity to the child during the child’s testimony if the court finds by a preponderance of the evidence that:

(1)

the child cannot reliably testify without the possession of the item or presence of the support person, as applicable; and

(2)

granting the motion is not likely to prejudice the trier of fact in evaluating the child’s testimony.

(c)

A support person who is present during a child’s testimony may not:

(1)

obscure the child from the view of the defendant or the trier of fact;

(2)

provide the child with an answer to any question asked of the child; or

(3)

assist or influence the testimony of the child.

(d)

The court may set any other conditions and limitations on the taking of the testimony of a child that it finds just and appropriate, considering the interests of the child, the rights of the defendant, and any other relevant factors.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1227 (S.B. 578), Sec. 1, eff. September 1, 2011.

Source: Article 38.073 — Testimony of Inmate Witnesses, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­38.­htm#38.­073 (accessed Mar. 23, 2024).

38.01
Texas Forensic Science Commission
38.02
Effect Under Public Information Law of Release of Certain Information
38.03
Presumption of Innocence
38.04
Jury Are Judges of Facts
38.05
Judge Shall Not Discuss Evidence
38.07
Testimony in Corroboration of Victim of Sexual Offense
38.08
Defendant May Testify
38.10
Exceptions to the Spousal Adverse Testimony Privilege
38.11
Journalist’s Qualified Testimonial Privilege in Criminal Proceedings
38.12
Religious Opinion
38.14
Testimony of Accomplice
38.15
Two Witnesses in Treason
38.16
Evidence in Treason
38.17
Two Witnesses Required
38.18
Perjury and Aggravated Perjury
38.19
Intent to Defraud: Certain Offenses
38.21
Statement
38.23
Evidence Not to Be Used
38.24
Statements Obtained by Investigative Hypnosis
38.25
Written Part of Instrument Controls
38.27
Evidence of Handwriting
38.30
Interpreter
38.31
Interpreters for Deaf Persons
38.32
Presumption of Death
38.34
Photographic Evidence in Theft Cases
38.35
Forensic Analysis of Evidence
38.36
Evidence in Prosecutions for Murder
38.38
Evidence Relating to Retaining Attorney
38.39
Evidence in an Aggregation Prosecution with Numerous Victims
38.40
Evidence of Pregnancy
38.43
Evidence Containing Biological Material
38.44
Admissibility of Electronically Preserved Document
38.45
Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor
38.46
Evidence in Prosecutions for Stalking
38.47
Evidence in Aggregation Prosecution for Fraud or Theft Committed with Respect to Numerous Medicaid or Medicare Recipients
38.48
Evidence in Prosecution for Tampering with Witness or Prospective Witness Involving Family Violence
38.49
Forfeiture by Wrongdoing
38.50
Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses
38.072
Hearsay Statement of Certain Abuse Victims
38.073
Testimony of Inmate Witnesses
38.075
Corroboration of Certain Testimony Required
38.076
Testimony of Forensic Analyst by Video Teleconference
38.101
Communications by Drug Abusers
38.141
Testimony of Undercover Peace Officer or Special Investigator
38.435
Prohibited Use of Evidence from Forensic Medical Examination Performed on Victim of Sexual Assault
38.451
Evidence Depicting Invasive Visual Recording of Child
38.471
Evidence in Prosecution for Exploitation of Child, Elderly Individual, or Disabled Individual

Accessed:
Mar. 23, 2024

Art. 38.073’s source at texas​.gov