reglab/housing_qa huggingface dataset:
TX Code Crim Pro § 3 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 3.

Sec. 3.  (a)  On its own motion or on the motion of the attorney representing the state or the attorney representing the defendant, the court may order that the testimony of the child be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact.  To the extent practicable, only the judge, the court reporter, the attorneys for the defendant and for the state, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during his testimony.  Only the attorneys and the judge may question the child.  To the extent practicable, the persons necessary to operate the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during his testimony, but does not permit the child to see or hear them.  The court shall permit the defendant to observe and hear the testimony of the child and to communicate contemporaneously with his attorney during periods of recess or by audio contact, but the court shall attempt to ensure that the child cannot hear or see the defendant.  The court shall permit the attorney for the defendant adequate opportunity to confer with the defendant during cross-examination of the child.  On application of the attorney for the defendant, the court may recess the proceeding before or during cross-examination of the child for a reasonable time to allow the attorney for the defendant to confer with defendant.(b) The court may set any other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the interests of the child, the rights of the defendant, and any other relevant factors.
TX Code Crim Pro § 4 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 4.

Sec. 4.  (a)  After an indictment has been returned or a complaint filed, on its own motion or on the motion of the attorney representing the state or the attorney representing the defendant, the court may order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact.  To the extent practicable, only those persons permitted to be present at the taking of testimony under Section 3 of this article may be present during the taking of the child's testimony, and the persons operating the equipment shall be confined from the child's sight and hearing as provided by Section 3.  The court shall permit the defendant to observe and hear the testimony of the child and to communicate contemporaneously with his attorney during periods of recess or by audio contact but shall attempt to ensure that the child cannot hear or see the defendant.(b) The court may set any other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the interests of the child, the rights of the defendant, and any other relevant factors.  The court shall also ensure that:(1) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;(2) the recording equipment was capable of making an accurate recording, the operator was competent, the quality of the recording is sufficient to allow the court and the finder of fact to assess the demeanor of the child and the interviewer, and the recording is accurate and is not altered;(3) each voice on the recording is identified;(4) the defendant, the attorneys for each party, and the expert witnesses for each party are afforded an opportunity to view the recording before it is shown in the courtroom;(5) before giving his testimony, the child was placed under oath or was otherwise admonished in a manner appropriate to the child's age and maturity to testify truthfully;(6) the court finds from the recording or through an in camera examination of the child that the child was competent to testify at the time the recording was made;  and(7) only one continuous recording of the child was made or the necessity for pauses in the recordings or for multiple recordings is established at the hearing or proceeding.(c) After a complaint has been filed or an indictment returned charging the defendant, on the motion of the attorney representing the state, the court may order that the deposition of the child be taken outside of the courtroom in the same manner as a deposition may be taken in a civil matter.  A deposition taken under this subsection is admissible into evidence.
TX Code Crim Pro § 6 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 6.

Sec. 6. If the court orders the testimony of a child to be taken under Section 3 or 4 of this article or if the court finds the testimony of the child taken under Section 2 or 5 of this article is admissible into evidence, the child may not be required to testify in court at the proceeding for which the testimony was taken, unless the court finds there is good cause.
TX Code Crim Pro § 7 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 7.

Sec. 7. In making any determination of good cause under this article, the court shall consider the rights of the defendant, the interests of the child, the relationship of the defendant to the child, the character and duration of the alleged offense, any court finding related to the availability of the child to testify, the age, maturity, and emotional stability of the child, the time elapsed since the alleged offense, and any other relevant factors.
TX Code Crim Pro § 8 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 8.

Sec. 8.  (a)  In making a determination of unavailability under this article, the court shall consider relevant factors including the relationship of the defendant to the child, the character and duration of the alleged offense, the age, maturity, and emotional stability of the child, and the time elapsed since the alleged offense, and whether the child is more likely than not to be unavailable to testify because:(1) of emotional or physical causes, including the confrontation with the defendant;  or(2) the child would suffer undue psychological or physical harm through his involvement at the hearing or proceeding.(b) A determination of unavailability under this article can be made after an earlier determination of availability.  A determination of availability under this article can be made after an earlier determination of unavailability.
TX Code Crim Pro § 9 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 9.

Sec. 9. If the court finds the testimony taken under Section 2 or 5 of this article is admissible into evidence or if the court orders the testimony to be taken under Section 3 or 4 of this article and if the identity of the perpetrator is a contested issue, the child additionally must make an in-person identification of the defendant either at or before the hearing or proceeding.
TX Code Crim Pro § 10 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 10.

Sec. 10. In ordering a child to testify under this article, the court shall take all reasonable steps necessary and available to minimize undue psychological trauma to the child and to minimize the emotional and physical stress to the child caused by relevant factors, including the confrontation with the defendant and the ordinary participation of the witness in the courtroom.
TX Code Crim Pro § 11 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 11.

Sec. 11. In a proceeding under Section 2, 3, or 4 or Subsection (b) of Section 5 of this article, if the defendant is not represented by counsel and the court finds that the defendant is not able to obtain counsel for the purposes of the proceeding, the court shall appoint counsel to represent the defendant at the proceeding.
TX Code Crim Pro § 12 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 12.

Sec. 12. In this article, "cross-examination" has the same meaning as in other legal proceedings in the state.
TX Code Crim Pro § 13 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.071. Testimony of Child Who Is Victim of Offense|Section 13.

Sec. 13. The attorney representing the state shall determine whether to use the procedure provided in Section 2 of this article or the procedure provided in Section 5 of this article.|Added by Acts 1983, 68th Leg., p. 3828, ch. 599, Sec. 1, eff. Aug. 29, 1983.  Sec. 3 amended by Acts 1987, 70th Leg., ch. 998, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 55, Sec. 1, eff. Oct. 20, 1987;  Sec. 3(a) amended by Acts 1991, 72nd Leg., ch. 266, Sec. 1, eff. Sept. 1, 1991;  Sec. 1 amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.24, eff. Sept. 1, 1995;  Sec. 1 amended by Acts 2001, 77th Leg., ch. 338, Sec. 1, eff. Sept. 1, 2001;  Sec. 2(c) amended by Acts 2001, 77th Leg., ch. 338, Sec. 2, eff. Sept. 1, 2001;  Sec. 3(a) amended by Acts 2001, 77th Leg., ch. 338, Sec. 3, eff. Sept. 1, 2001;  Sec. 4(a), (b) amended by Acts 2001, 77th Leg., ch. 338, Sec. 4, eff. Sept. 1, 2001;  Sec. 5(a), (b) amended by Acts 2001, 77th Leg., ch. 338, Sec. 5, eff. Sept. 1, 2001;  Sec. 8(a) amended by Acts 2001, 77th Leg., ch. 338, Sec. 6, eff. Sept. 1, 2001;  Sec. 9 amended by Acts 2001, 77th Leg., ch. 338, Sec. 7, eff. Sept. 1, 2001;  Sec. 10 amended by Acts 2001, 77th Leg., ch. 338, Sec. 8, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.16, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 2.06, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.11, eff. September 1, 2021.|
TX Code Crim Pro § 1 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.072. Hearsay Statement of Certain Abuse Victims|Section 1.

Sec. 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 14 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) (Compelling Prostitution);(5)  Section 20A.02(a)(7) or (8) (Trafficking of Persons); or(6)  Section 15.01 (Criminal Attempt), if the offense attempted is described by Subdivision (1), (2), (3), (4), or (5) of this section.
TX Code Crim Pro § 2.
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.072. Hearsay Statement of Certain Abuse Victims|Section 2.||

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.
TX Code Crim Pro § 3 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.072. Hearsay Statement of Certain Abuse Victims|Section 3.

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.|Added by Acts 1985, 69th Leg., ch. 590, Sec. 1, eff. Sept. 1, 1985.  Sec. 1 amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.25, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 1, eff. June 11, 2009.Acts 2009, 81st Leg., R.S., Ch. 710 (H.B. 2846), Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 710 (H.B. 2846), Sec. 2, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 2.07, eff. September 1, 2011.|
TX Code Crim Pro § 1 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.074. Testimony of Child in Prosecution of Offense Testimony of Child in Prosecution of Offense|Section 1.

Sec. 1.  In this article:(1)  "Child" has the meaning assigned by Section 22.011(c), Penal Code.(2)  "Support person" means any person whose presence would contribute to the welfare and well-being of a child.
TX Code Crim Pro § 2 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.074. Testimony of Child in Prosecution of Offense Testimony of Child in Prosecution of Offense|Section 2.

Sec. 2.  This article applies to the testimony of a child in any hearing or proceeding in the prosecution of any offense, other than the testimony of a child in a hearing or proceeding in a criminal case in which that child is the defendant.
TX Code Crim Pro § 3 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.074. Testimony of Child in Prosecution of Offense Testimony of Child in Prosecution of Offense|Section 3.

Sec. 3.  (a)  A court shall:(1)  administer an oath to a child in a manner that allows the child to fully understand the child's duty to tell the truth;(2)  ensure that questions asked of the child are stated in language appropriate to the child's age;(3)  explain to the child that the child has the right to have the court notified if the child is unable to understand any question and to have a question restated in a form that the child does understand;(4)  ensure that a child testifies only at a time of day when the child is best able to understand the questions and to undergo the proceedings without being traumatized, including:(A)  limiting the duration of the child's testimony;(B)  limiting the timing of the child's testimony to the child's normal school hours; or(C)  ordering a recess during the child's testimony when necessary for the energy, comfort, or attention span of the child; and(5)  prevent intimidation or harassment of the child by any party and, for that purpose, rephrase as appropriate any question asked of the child.(b)  On the motion of any party, or a parent, managing conservator, guardian, or guardian ad litem of a child or special advocate for a child, the court shall allow the child to have a toy, blanket, or similar comforting item in the child's possession while testifying or allow a support person to be present in close proximity to the child during the child's testimony if the court finds by a preponderance of the evidence that:(1)  the child cannot reliably testify without the possession of the item or presence of the support person, as applicable; and(2)  granting the motion is not likely to prejudice the trier of fact in evaluating the child's testimony.(c)  A support person who is present during a child's testimony may not:(1)  obscure the child from the view of the defendant or the trier of fact;(2)  provide the child with an answer to any question asked of the child; or(3)  assist or influence the testimony of the child.(d)  The court may set any other conditions and limitations on the taking of the testimony of a child that it finds just and appropriate, considering the interests of the child, the rights of the defendant, and any other relevant factors.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1227 (S.B. 578), Sec. 1, eff. September 1, 2011.|
TX Code Crim Pro § 2 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.11. Journalist's Qualified Testimonial Privilege in Criminal Proceedings|Section 2. Purpose

Sec. 2.  PURPOSE.  The purpose of this article is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice.
TX Code Crim Pro § 3 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.11. Journalist's Qualified Testimonial Privilege in Criminal Proceedings|Section 3. Privilege

Sec. 3.  PRIVILEGE.  (a)  Except as otherwise provided by this article, a judicial, legislative, administrative, or other body with the authority to issue a subpoena or other compulsory process may not compel a journalist to testify regarding or to produce or disclose in an official proceeding:(1)  any confidential or nonconfidential unpublished information, document, or item obtained or prepared while acting as a journalist; or(2)  the source of any information, document, or item described by Subdivision (1).(b)  A subpoena or other compulsory process may not compel the parent, subsidiary, division, or affiliate of a communication service provider or news medium to disclose the unpublished information, documents, or items or the source of any information, documents, or items that are privileged from disclosure under Subsection (a).
TX Code Crim Pro § 5 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.11. Journalist's Qualified Testimonial Privilege in Criminal Proceedings|Section 5. Privilege Concerning Unpublished Information, Document, or Item and Nonconfidential Sources

Sec. 5.  PRIVILEGE CONCERNING UNPUBLISHED INFORMATION, DOCUMENT, OR ITEM AND NONCONFIDENTIAL SOURCES.  (a)  After service of subpoena and an opportunity to be heard, a court may compel a journalist, a journalist's employer, or a person with an independent contract with a journalist to testify regarding or to produce or disclose any unpublished information, document, or item or the source of any information, document, or item obtained while acting as a journalist, other than as described by Section 4, if the person seeking the unpublished information, document, or item or the source of any information, document, or item makes a clear and specific showing that:(1)  all reasonable efforts have been exhausted to obtain the information from alternative sources; and(2)  the unpublished information, document, or item:(A)  is relevant and material to the proper administration of the official proceeding for which the testimony, production, or disclosure is sought and is essential to the maintenance of a claim or defense of the person seeking the testimony, production, or disclosure; or(B)  is central to the investigation or prosecution of a criminal case and based on something other than the assertion of the person requesting the subpoena, reasonable grounds exist to believe that a crime has occurred.(b)  The court, when considering an order to compel testimony regarding or to produce or disclose any unpublished information, document, or item or the source of any information, document, or item obtained while acting as a journalist, should consider the following factors, including but not limited to whether:(1)  the subpoena is overbroad, unreasonable, or oppressive;(2)  reasonable and timely notice was given of the demand for the information, document, or item;(3)  in this instance, the interest of the party subpoenaing the information outweighs the public interest in gathering and dissemination of news, including the concerns of the journalist; and(4)  the subpoena or compulsory process is being used to obtain peripheral, nonessential, or speculative information.(c)  A court may not consider a single factor under Subsection (b) as outcome-determinative in the decision whether to compel the testimony or the production or disclosure of the unpublished information, document, or item, or the source of any information, document, or item.
TX Code Crim Pro § 6 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.11. Journalist's Qualified Testimonial Privilege in Criminal Proceedings|Section 6. Notice

Sec. 6.  NOTICE.  An order to compel testimony, production, or disclosure to which a journalist has asserted a privilege under this article may be issued only after timely notice to the journalist, the journalist's employer, or a person who has an independent contract with the journalist and a hearing.  The order must include clear and specific findings as to the showing made by the person seeking the testimony, production, or disclosure and the clear and specific evidence on which the court relied in issuing the court's order.