By:  Combs                                            H.B. No. 1489
       73R5150 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the admissibility of evidence in criminal cases.
    1-4        SECTION 1.  Article 38.23, Code of Criminal Procedure, is
    1-5  amended to read as follows:
    1-6        Art. 38.23.  EVIDENCE NOT TO BE USED.  (a)  No evidence
    1-7  obtained by an officer <or other person> in violation of any
    1-8  provisions of the Constitution or laws of the State of Texas, or of
    1-9  the Constitution or laws of the United States of America, shall be
   1-10  admitted in evidence against the accused on the trial of any
   1-11  criminal case.
   1-12        In any case where the legal evidence raises an issue
   1-13  hereunder and where the court having jurisdiction has not made a
   1-14  prior ruling on the admissibility of evidence under this chapter,
   1-15  the jury shall be instructed that if it believes, or has a
   1-16  reasonable doubt, that the evidence was obtained in violation of
   1-17  the provisions of this Article, then and in such event, the jury
   1-18  shall disregard any such evidence so obtained.  If the judge
   1-19  submits to the jury an issue as to whether evidence was obtained in
   1-20  violation of this Article, the judge shall instruct the jury
   1-21  generally on the law relating to the suppression of evidence.
   1-22        (b)  It is an exception to the provisions of Subsection (a)
   1-23  of this Article that the evidence was:
   1-24              (1)  obtained by a law enforcement officer acting in
    2-1  objective good faith reliance upon a warrant issued by a neutral
    2-2  magistrate based on probable cause;
    2-3              (2)  obtained from a source independent of
    2-4  constitutional or statutory violations;
    2-5              (3)  obtained after an intervening cause or event
    2-6  sufficient to remove the taint of any constitutional or statutory
    2-7  violation; or
    2-8              (4)  of such a nature that it would have been
    2-9  ultimately or inevitably discovered by lawful means.
   2-10        SECTION 2.  The change in the law made by this Act applies
   2-11  only to the admissibility of evidence obtained on or after the
   2-12  effective date of this Act.  The admissibility of evidence obtained
   2-13  before the effective date of this Act is covered by the law in
   2-14  effect when the evidence was obtained, and the former law is
   2-15  continued in effect for this purpose.
   2-16        SECTION 3.  This Act takes effect September 1, 1993.
   2-17        SECTION 4.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.