TITLE: Relating to the privilege of a child to refuse to testify against the child's parent or guardian.

SUMMARY: Relating to the privilege of a child to refuse to testify against the child's parent or guardian.

FULL TEXT:
AN ACT relating to the privilege of a child to refuse to testify against the child's parent or guardian. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 38, Code of Criminal Procedure, is amended by adding Article 38.0741 to read as follows: Art. 38.0741. PRIVILEGE OF CHILD. (a) In this article, "child" has the meaning assigned by Section 22.011(c), Penal Code. (b) A child has a privilege to refuse to testify against the child's parent or guardian in a criminal proceeding. (c) The privilege to refuse to testify may be claimed only by the child. (d) The privilege of a child to refuse to testify against the child's parent or guardian does not apply: (1) in any proceeding in which the parent or guardian is charged with an offense against the child or a member of the child's household; or (2) if the parent or guardian has been convicted of an offense against the child. (e) This article does not prohibit the child from testifying voluntarily against the child's parent or guardian. A child who testifies voluntarily is subject to cross-examination. SECTION 2. Subchapter B, Chapter 22, Civil Practice and Remedies Code, is amended by adding Section 22.012 to read as follows: Sec. 22.012. PRIVILEGE OF CHILD. (a) In this section, "child" means a person younger than 17 years of age. (b) A child has a privilege to refuse to testify against the child's parent or guardian in a civil proceeding. (c) The privilege to refuse to testify may be claimed only by the child. (d) The privilege of a child to refuse to testify against the child's parent or guardian does not apply if: (1) at the time of the civil proceeding the parent or guardian is the defendant in a pending criminal matter in which the parent or guardian is charged with an offense against the child or a member of the child's household; or (2) the parent or guardian has been convicted of an offense against the child. (e) This section does not prohibit the child from testifying voluntarily against the child's parent or guardian. A child who testifies voluntarily is subject to cross-examination. SECTION 3. This Act takes effect September 1, 2013.