Sec. 1. This article applies to a proceeding in the prosecution of a defendant for an offense under the following provisions of the Penal Code, if committed against a child under 17 years of age:

1. (1) Chapter 21 (Sexual Offenses);
2. (2) Chapter 22 (Assaultive Offenses);
3. (3) Section 25.02 (Prohibited Sexual Conduct);
4. (4) Section 43.25 (Sexual Performance by a Child); or

5. (5) an attempt or conspiracy to commit an offense listed in this section.

   Sec. 2. Notwithstanding Rules 404 and 405, Texas Rules of Criminal Evidence, evidence of other crimes, wrongs, or acts committed by the defendant against the child who is the victim of the alleged offense shall be admitted for its bearing on relevant matters, including:

6. (1) the state of mind of the defendant and the child; and

7. (2) the previous and subsequent relationship between the defendant and the child.

   Sec. 3. On timely request by the defendant, the state shall give the defendant notice of the state's intent to introduce in the case in chief evidence described by Section 2 in the same manner as the state is required to give notice under Rule 404(b), Texas Rules of Criminal Evidence.

   Sec. 4. This article does not limit the admissibility of evidence of extraneous crimes, wrongs, or acts under any other applicable law.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 48(a), eff. Sept. 1, 1995.