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SB 152 protects sex crimes defendants’ rights

Posted on May 18th, 2011 No Comments

Senate Bill 152 proposes greater protection for defendants in sex crimes.  If the bill passes, Texas will join 11 other states that have worked to ensure people accused of sex crimes are not convicted without sufficient evidence, on only a single alleged victim’s testimony.

SB 152 was modeled after the Federal Rules of Evidence in the Violent Crime Control and Law Enforcement Act signed by President Clinton in 1994.  The bill will protect defendants of sexual assault and aggravated sexual assault against adults charges and sex crimes and aggravated sexual assault against children charges, including human trafficking and possession or sale of child pornography.

Under the proposed legislation, defendants must be notified at least 30 days in advance before a jury hears evidence.  Also, a judge must rule whether or not the evidence is relevant, determine if the case’s probative value is greater than the danger of unfair bias, and determine if there is sufficient evidence to convict the defendant beyond a reasonable doubt before a jury hears the case.

If you or someone you know has been charged with violating pornography laws, contact the Houston pornography law defense attorneys of Johnson, Johnson & Baer, P.C. at 713-222-0400 to learn more about your rights.