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The Committee on Criminal Justice (Aronberg) recommended the

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following amendment to amendment (330518):

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     Senate Amendment

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     Delete line(s) 7-19

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and insert:

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     (d) "Mental injury" means injury to the intellectual or

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psychological capacity of a child as evidenced by a discernible

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and substantial impairment in the ability of the child to

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function within the normal range of performance and behavior as

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supported by expert testimony. A person may not give expert

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testimony regarding mental injury unless that person is a

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physician licensed under chapter 458 or chapter 459, board-

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certified in psychiatry, or a psychologist licensed under chapter

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490, and, during the 3 years immediately preceding the date of

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the alleged injury, has devoted professional time to the active

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clinical practice of, or consulting with respect to, a specialty

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that includes the evaluation, diagnosis, or treatment of the

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condition that is the subject of the offense. The expert

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testimony requirements apply only to criminal court cases, not to

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family court or dependency court cases.

4/15/2008  10:12:00 AM     CJ.CJ.07558