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Texas Code of Criminal Procedure

§ 36.03 — INVOCATION OF RULE

CR § 36.03Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 36. THE TRIAL BEFORE THE JURY

Statute text

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(a)Notwithstanding Rule 614, Texas Rules of Evidence, a court at the request of a party may order the exclusion of a witness who for the purposes of the prosecution is a victim, close relative of a deceased victim, or guardian of a victim only if the witness is to testify and the court determines that the testimony of the witness would be materially affected if the witness hears other testimony at the trial.
(b)On the objection of the opposing party, the court may require the party requesting exclusion of a witness under Subsection (a) to make an offer of proof to justify the exclusion.
(c)Subsection (a) does not limit the authority of the court on its own motion to exclude a witness or other person to maintain decorum in the courtroom.
(d)In this article:
(1)"Close relative of a deceased victim" and "guardian of a victim" have the meanings assigned by Article 56A.001.
(2)"Victim" means a victim of any criminal offense.

Legislative history

Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.10, eff. January 1, 2021.

Source: Texas Code of Criminal Procedure § 36.03 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.