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TX HB2794

Bill

Status

Introduced

2/13/2025

Primary Sponsor

Giovanni Capriglione

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • 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

  • 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

  • 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

  • Formally disapproves Texas Rules of Evidence Rule 412, replacing it with this statutory framework codified in the Code of Criminal Procedure

  • 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Withdrawn from schedule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

Committee Referrals

Criminal Jurisprudence3/19/2025

Full Bill Text

No bill text available