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TX HB2794
Bill
Status
2/13/2025
Primary Sponsor
Giovanni Capriglione
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AI Summary
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Establishes restrictions on admitting evidence of a victim's past sexual behavior in prosecutions for sexual assault, indecent assault, and aggravated sexual assault, including attempts or conspiracies to commit these offenses
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Prohibits reputation, opinion, or specific instance evidence of a victim's past sexual behavior unless the court conducts an in camera examination outside the jury's presence and determines the probative value outweighs unfair prejudice to the victim
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Allows such evidence only in limited circumstances: to rebut state's scientific/medical evidence, to prove consent based on past sexual behavior with the defendant, to show victim's motive or bias, under Rule 609 impeachment standards, or when constitutionally required
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Formally disapproves Texas Rules of Evidence Rule 412, replacing it with this statutory framework codified in the Code of Criminal Procedure
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Takes effect September 1, 2025, and applies only to criminal proceedings commencing on or after that date
Legislative Description
Relating to the admissibility of evidence regarding a victim's past sexual behavior in prosecutions of certain assaultive offenses.
Crimes
Last Action
Withdrawn from schedule
4/29/2025