Bill > HB2794

This bill adds Article 38.372 to the Texas Code of Criminal Procedure, establishing strict guidelines for admitting evidence about a sexual assault victim's past sexual behavior in prosecutions for sexual assault, indecent assault, and aggravated sexual assault. Generally, reputation, opinion, or specific instances of a victim's past sexual behavior are not admissible in court. However, a defendant may request to introduce such evidence by filing a motion outside the jury's presence, after which the court will conduct a private (in camera) examination to determine if the evidence's probative value outweighs potential unfair prejudice to the victim. The court may allow such evidence under limited circumstances, such as: rebutting scientific or medical evidence, proving consent if the past sexual behavior involved the defendant, showing the victim's motive or bias, meeting specific evidentiary rules, or if constitutionally required. The bill disapproves Rule 412 of the Texas Rules of Evidence and will apply only to criminal proceedings starting on or after September 1, 2025, with the aim of protecting sexual assault victims from having their past sexual history inappropriately used against them in court while still preserving defendants' rights to present relevant evidence.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2794