Tex.
Code of Crim. Proc. Article 38.36
Evidence in Prosecutions for Murder
(a)
In all prosecutions for murder, the state or the defendant shall be permitted to offer testimony as to all relevant facts and circumstances surrounding the killing and the previous relationship existing between the accused and the deceased, together with all relevant facts and circumstances going to show the condition of the mind of the accused at the time of the offense.(b)
In a prosecution for murder, if a defendant raises as a defense a justification provided by Section 9.31 (Self-defense), 9.32 (Deadly Force in Defense of Person), or 9.33 (Defense of Third Person), Penal Code, the defendant, in order to establish the defendant’s reasonable belief that use of force or deadly force was immediately necessary, shall be permitted to offer:(1)
relevant evidence that the defendant had been the victim of acts of family violence committed by the deceased, as family violence is defined by Section 71.004 (Family Violence), Family Code; and(2)
relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to family violence that are the basis of the expert’s opinion.(1)
if committed against a child under 17 years of age:(A)
Chapter 21 (Sexual Offenses);(B)
Chapter 22 (Assaultive Offenses); or(C)
Section 25.02 (Prohibited Sexual Conduct) (Prohibited Sexual Conduct); or(2)
if committed against a person younger than 18 years of age:(A)
Section 43.25 (Sexual Performance by a Child) (Sexual Performance by a Child);(B)
Section 20A.02 (Trafficking of Persons)(a)(5), (6), (7), or (8) (Trafficking of Persons);(C)
Section 20A.03 (Continuous Trafficking of Persons) (Continuous Trafficking of Persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02 (Trafficking of Persons)(a)(5), (6), (7), or (8); or(D)
Section 43.05 (Compelling Prostitution)(a)(2) (Compelling Prostitution).(b)
Notwithstanding Rules 404 and 405, Texas Rules of Evidence, evidence of other crimes, wrongs, or acts committed by the defendant against the child who is the victim of the alleged offense shall be admitted for its bearing on relevant matters, including:(1)
the state of mind of the defendant and the child; and(2)
the previous and subsequent relationship between the defendant and the child.(1)
an offense under any of the following provisions of the Penal Code:(A)
Section 20A.02 (Trafficking of Persons), if punishable as a felony of the first degree under Section 20A.02 (Trafficking of Persons)(b)(1) (Labor or Sex Trafficking of a Child or Disabled Individual);(B)
Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual) (Continuous Sexual Abuse of Young Child or Disabled Individual);(C)
Section 21.11 (Indecency with a Child) (Indecency With a Child);(D)
Section 22.011 (Sexual Assault)(a)(2) (Sexual Assault of a Child);(E)
Sections 22.021 (Aggravated Sexual Assault)(a)(1)(B) and (2) (Aggravated Sexual Assault of a Child);(F)
Section 33.021 (Online Solicitation of a Minor) (Online Solicitation of a Minor);(G)
Section 43.25 (Sexual Performance by a Child) (Sexual Performance by a Child); or(H)
Section 43.26 (Possession or Promotion of Child Pornography) (Possession or Promotion of Child Pornography), Penal Code; or(2)
an attempt or conspiracy to commit an offense described by Subdivision (1).(b)
Notwithstanding Rules 404 and 405, Texas Rules of Evidence, and subject to Section 2-a, evidence that the defendant has committed a separate offense described by Subsection (a)(1) or (2) may be admitted in the trial of an alleged offense described by Subsection (a)(1) or (2) for any bearing the evidence has on relevant matters, including the character of the defendant and acts performed in conformity with the character of the defendant.(1)
determine that the evidence likely to be admitted at trial will be adequate to support a finding by the jury that the defendant committed the separate offense beyond a reasonable doubt; and(2)
conduct a hearing out of the presence of the jury for that purpose.(a)
This article applies to a proceeding in the prosecution of a defendant for an offense, or for an attempt or conspiracy to commit an offense, for which the alleged victim is a person whose relationship to or association with the defendant is described by Section 71.0021 (Dating Violence)(b), 71.003 (Family), or 71.005 (Household), Family Code.(b)
In the prosecution of an offense described by Subsection (a), subject to the Texas Rules of Evidence or other applicable law, each party may offer testimony or other evidence of all relevant facts and circumstances that would assist the trier of fact in determining whether the actor committed the offense described by Subsection (a), including testimony or evidence regarding the nature of the relationship between the actor and the alleged victim.(c)
This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas Rules of Evidence or other applicable law.
Source:
Article 38.36 — Evidence in Prosecutions for Murder, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.38.htm#38.36 (accessed Apr. 20, 2024).
