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
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