1-1 By: West S.B. No. 1059 1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 March 31, 1993, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; March 31, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Whitmire x 1-9 Brown x 1-10 Nelson x 1-11 Sibley x 1-12 Sims x 1-13 Turner x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to consultation with a lawyer in a criminal case. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Chapter 38, Code of Criminal Procedure, is 1-20 amended by adding Article 38.36 to read as follows: 1-21 Art. 38.36. CONSULTATION WITH A LAWYER. The act of 1-22 contacting or retaining an attorney shall not be used against any 1-23 individual or entity unless that act falls within an established 1-24 crime-fraud exception. 1-25 SECTION 2. This Act takes effect September 1, 1993. 1-26 SECTION 3. The importance of this legislation and the 1-27 crowded condition of the calendars in both houses create an 1-28 emergency and an imperative public necessity that the 1-29 constitutional rule requiring bills to be read on three several 1-30 days in each house be suspended, and this rule is hereby suspended, 1-31 and that this Act take effect and be in force according to its 1-32 terms, and it is so enacted. 1-33 * * * * * 1-34 Austin, 1-35 Texas 1-36 March 31, 1993 1-37 Hon. Bob Bullock 1-38 President of the Senate 1-39 Sir: 1-40 We, your Committee on Criminal Justice to which was referred S.B. 1-41 No. 1059, have had the same under consideration, and I am 1-42 instructed to report it back to the Senate with the recommendation 1-43 that it do pass and be printed. 1-44 Whitmire, 1-45 Chairman 1-46 * * * * * 1-47 WITNESSES 1-48 FOR AGAINST ON 1-49 ___________________________________________________________________ 1-50 Name: Suzanne Donovan x 1-51 Representing: Texas Resource Center 1-52 City: Austin 1-53 ------------------------------------------------------------------- 1-54 Name: John Boston x 1-55 Representing: Tx Def Lawyers Association 1-56 City: Austin 1-57 ------------------------------------------------------------------- 1-58 FOR AGAINST ON 1-59 ___________________________________________________________________ 1-60 Name: Gerald H. Goldstein x 1-61 Representing: TDCLA 1-62 City: San Antonio 1-63 -------------------------------------------------------------------