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 Jun. 5, 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
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Accessed:
Jun. 5, 2024

Art. 38.073’s source at texas​.gov