Texas Code of Criminal Procedure

§ 38.074 — TESTIMONY OF CHILD IN PROSECUTION OF OFFENSE

CR § 38.074Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 38. EVIDENCE IN CRIMINAL ACTIONS

Statute text

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. 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. 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;

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Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 1227 (S.B. 578), Sec. 1, eff. September 1, 2011.