Section 38.072 - Hearsay Statement of Certain Abuse VictimsSec. 1. This article applies to a proceeding in the prosecution of an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age or a person with a disability: (1) Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses); (2) Section 25.02 (Prohibited Sexual Conduct); (3) Section 43.25 (Sexual Performance by a Child); (4) Section 43.05(a)(2) or (3) (Compelling Prostitution); (5) Section 20A.02(a)(5), (6), (7), or (8) (Trafficking of Persons); (6) Section 20A.03 (Continuous Trafficking of Persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(5), (6), (7), or (8); or (7) Section 15.01 (Criminal Attempt), if the offense attempted is described by Subdivision (1), (2), (3), (4), (5), or (6) of this section. Sec. 2.Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 1
(a) This article applies only to statements that describe the alleged offense that: (1) were made by the child or person with a disability against whom the offense was allegedly committed; and(2) were made to the first person, 18 years of age or older, other than the defendant, to whom the child or person with a disability made a statement about the offense. Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 710 (H.B. 2846), Sec. 2
(a) This article applies only to statements that:(1) describe: (A) the alleged offense; or(B) if the statement is offered during the punishment phase of the proceeding, a crime, wrong, or act other than the alleged offense that is:(i) described by Section 1;(ii) allegedly committed by the defendant against the child who is the victim of the offense or another child younger than 14 years of age; and(iii) otherwise admissible as evidence under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or another law or rule of evidence of this state;(2) were made by the child against whom the charged offense or extraneous crime, wrong, or act was allegedly committed; and(3) were made to the first person, 18 years of age or older, other than the defendant, to whom the child made a statement about the offense or extraneous crime, wrong, or act.(b) A statement that meets the requirements of Subsection (a) is not inadmissible because of the hearsay rule if:(1) on or before the 14th day before the date the proceeding begins, the party intending to offer the statement:(A) notifies the adverse party of its intention to do so;(B) provides the adverse party with the name of the witness through whom it intends to offer the statement; and(C) provides the adverse party with a written summary of the statement;(2) the trial court finds, in a hearing conducted outside the presence of the jury, that the statement is reliable based on the time, content, and circumstances of the statement; and(3) the child or person with a disability testifies or is available to testify at the proceeding in court or in any other manner provided by law.Sec. 3. In this article, "person with a disability" means a person 13 years of age or older who because of age or physical or mental disease, disability, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.Tex. Code Crim. Proc. § 38.072
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 93,Sec. 3.01, eff. 9/1/2023.Amended by Acts 2011, 82nd Leg., R.S., Ch. 1, Sec. 2.07, eff. 9/1/2011.Amended by Acts 2009, 81st Leg., R.S., Ch. 710, Sec. 1, eff. 9/1/2009.Amended by Acts 2009, 81st Leg., R.S., Ch. 710, Sec. 2, eff. 9/1/2009.Amended by Acts 2009, 81st Leg., R.S., Ch. 284, Sec. 1, eff. 6/11/2009.Added by Acts 1985, 69th Leg., ch. 590, Sec. 1, eff. 9/1/1985. Sec. 1 amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.25, eff. 9/1/1995.