Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 535 proposes amendments to the Texas Code of Criminal Procedure by adding Article 38.372, which restricts the admissibility of a victim’s past sexual behavior in court proceedings for specific trafficking, sexual assault, and assault-related offenses. The bill applies to prosecutions involving trafficking of persons, continuous trafficking, continuous sexual abuse of a child or disabled individual, indecency with a child, sexual assault, and aggravated sexual assault.

Under SB 535, reputation or opinion evidence regarding a victim’s past sexual behavior is categorically inadmissible. Additionally, evidence of specific past sexual behavior is not permitted unless the court, through a private in-camera review, determines that it meets strict evidentiary standards. Exceptions are made when the evidence is necessary to rebut scientific or medical claims by the prosecution or if it relates to prior sexual conduct with the defendant and is relevant to the issue of consent.

This legislation strengthens victims' rights by preventing undue character scrutiny in criminal trials while upholding due process for defendants. It aligns with existing "rape shield laws" that aim to ensure fair proceedings and prevent unfair prejudice against victims.

The Committee Substitute for SB 535 significantly narrows the circumstances under which a victim’s past sexual behavior can be introduced as evidence compared to the originally filed version. While both versions prohibit reputation or opinion evidence, the originally filed bill allowed additional exceptions, including instances where the evidence related to the victim’s motive or bias, was admissible under Rule 609 of the Texas Rules of Evidence or was constitutionally required. The committee substitute removes these broader exceptions, limiting admissibility to cases where the evidence rebuts or explains scientific or medical evidence presented by the prosecution or involves past sexual behavior with the defendant to prove consent.

Another key difference is in court procedures. The originally filed bill required the sealing of in-camera review records and preserving them as part of the trial record, whereas the committee substitute omits explicit mention of this requirement, potentially allowing more discretion in how courts handle such evidence. Additionally, the original bill sought to disapprove Rule 412 of the Texas Rules of Evidence, which governs the admissibility of a victim’s past sexual behavior, while the committee substitute removed this provision, indicating a preference for working within the existing legal framework rather than overriding established rules.

Overall, the committee substitute strengthens protections for victims by eliminating broader defense strategies that could be used to undermine their credibility based on past behavior. These changes reflect a stronger alignment with rape shield laws, ensuring that trials focus on the facts of the case rather than the victim’s history.

Author (1)

Joan Huffman

Sponsor (5)

Giovanni Capriglione

Ann Johnson

Jeff Leach

Erin Gamez

David Cook

Contact the Author

Sen. Joan Huffman

Capitol Phone:

(512) 463-0117

Capitol Office:

EXT E.14

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

The fiscal implications of SB 535, as noted in the Legislative Budget Board (LBB), indicate that no significant financial impact on the state is anticipated. The bill primarily affects courtroom procedures regarding evidence admissibility rather than creating new state programs or requiring substantial additional resources. The assumption is that any costs incurred due to procedural changes, such as in-camera hearings to review evidence, can be absorbed within existing judicial resources.

Similarly, no significant fiscal impact on local governments is expected. Courts at the county and municipal levels already conduct evidentiary reviews, and the procedural adjustments introduced by SB 535 are not projected to increase case processing times or require additional staffing. The Office of Court Administration (OCA) and the Texas Judicial Council, which oversees court functions, support this assessment, affirming that courts can implement the changes within their current budgets.

Overall, SB 535 is a policy-focused bill aimed at protecting victims in court proceedings rather than introducing major financial burdens on the state or local judicial systems. Its implementation is expected to proceed without new appropriations or significant budget adjustments at any level of government.

Vote Recommendation Notes

SB 535 strengthens protections for victims of sexual assault, human trafficking, and child-specific sexual offenses by restricting the admissibility of their past sexual behavior in court proceedings. The bill aligns with Texas' existing rape shield law (Rule 412 of the Texas Rules of Evidence) but expands its protections to include victims of human trafficking and continuous sexual abuse crimes. This ensures that victims are not subjected to undue character scrutiny that could discourage reporting and prosecution of these serious offenses.

By eliminating the admissibility of reputation or opinion-based evidence and restricting specific instances of past sexual behavior to narrow circumstances, the bill upholds individual dignity and due process. Courts will still have discretion to admit relevant evidence under strict legal standards, such as when it is necessary to rebut scientific or medical evidence or demonstrate prior consensual relations with the defendant. The bill balances victim protections with defendants’ rights, ensuring that trials remain fair while preventing unnecessary victim-blaming.

With no significant fiscal impact on the state or local governments, SB 535 is a practical policy improvement rather than a costly mandate. It aligns with conservative principles of judicial efficiency and limited government intervention while also respecting libertarian and democratic values of personal rights and fair legal processes. Given its strong victim protections, procedural fairness, and tripartisan alignment, Texas Policy Research recommends that lawmakers vote YES on SB 535.

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