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Texas Code of Criminal Procedure

§ 38.48 — EVIDENCE IN PROSECUTION FOR TAMPERING WITH WITNESS OR PROSPECTIVE WITNESS INVOLVING FAMILY VIOLENCE

CR § 38.48Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 38. EVIDENCE IN CRIMINAL ACTIONS

Statute text

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(a)This article applies to the prosecution of an offense under Section 36.05, Penal Code, in which:
(1)the underlying official proceeding involved family violence, as defined by Section 71.004, Family Code; or
(2)the actor is alleged to have violated Section 36.05, Penal Code, by committing an act of family violence against a witness or prospective witness.
(b)In the prosecution of an offense described by Subsection (a), subject to the Texas Rules of Evidence or other applicable law, each party may offer testimony or other evidence of all relevant facts and circumstances that would assist the trier of fact in determining whether the actor's conduct coerced the witness or prospective witness, including the nature of the relationship between the actor and the witness or prospective witness.

Legislative history

Added by Acts 2013, 83rd Leg., R.S., Ch. 165 (S.B. 1360), Sec. 3, eff. September 1, 2013.

Source: Texas Code of Criminal Procedure § 38.48 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.