http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00149&VERSION=1&TYPE=B

Here is the link to a proposed addition to the code of criminal procedure. What about it? I like th idea of 14 days notice. I'm not too crazy about the requirement that an injured party be served by the defense with notice of intent to bring up past sexual behavior, although I think I see the point. All in all doesn't TRE 412 adequately serve us? If fourteen days before trial a victim receives a detailed list of past sexual behavior the defense is seeking to introduce, it could have a profoundly negative effect on the victim's testimony, even if the court rules the stuff inadmissible.

[This message was edited by BLeonard on 01-15-05 at .]

I don't think there is any need to amend Rule 412, but....

Generally, the appropriate place for any change should be through the Rules of Evidence not the Legislature. Having said that, I must confess that I don't have a lot of confidence in the invisible process used by the Court of Criminal Appeals to consider amendments to the Rules of Evidence.

Does anyone know exactly how those Rules get changed?

Under the theory "if it ain't broke, don't fix it," it's my understanding that Rep. Pena will remove the criminal part of the bill (section 2). If anyone has any questions about this bill, please email or call me.

This same bill was filed last session as well (HB 1359, if I remember correctly) but never got out of committee.