BILL ANALYSIS



C.S.S.B. 280
By: Brown (Talton)
5-15-95
Committee Report (Substituted)


BACKGROUND

The Texas Court of Criminal Appeals has recently overturned several
criminal convictions based on technical error or irregularity at
the trial court level.  The technical errors, in many cases, do not
infringe on the substantial rights of the defendant.

PURPOSE

As proposed, C.S.S.B. 280 prohibits reversing a trial court
judgment for an error which does not prejudice the defendant.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 44.25, Code of Criminal Procedure (CASES
REMANDED), as follows:

Art. 44.25.  New heading:  GROUNDS FOR REVERSAL.

     (a) Created from existing text.

     (b) Prohibits the courts of appeals or the Court of Criminal
     Appeals from reversing a judgment in a criminal action for
     violation of a constitutional provision, statute, rule, or
     other law unless the complaining party preserved the complaint
     for appellate review by complying with the Rule of Appellate
     Procedure 52 and any other applicable law for preservation of
     appellate issues.

     (c) Prohibits the courts of appeals or the Court of Criminal
     Appeals from reversing a judgment in a criminal action for
     error of less than constitutional dimension, including the
     violation of a statute or court rule, unless the record shows
     that the error materially affected the verdict or sentence to
     the detriment of the appealing party.

     (d) Prohibits the courts of appeals or the Court of Criminal
     Appeals from reversing a judgment in a criminal action for
     error of constitutional dimension unless the record shows
     beyond a reasonable doubt that the error made no contribution
     to the verdict or sentence.

SECTION 2.  Disapproves Section 22.108, Rule 81(b)(2), Texas Rules
of Appellate Procedure.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the substitute differs from the original in that
Subsection (c), Article 44.25, Code of Criminal Procedure, no
longer requires that the record show "it is more probable than not"
that the error in a trial for criminal action materially affected
the verdict.

SUMMARY OF COMMITTEE ACTION

SB 280 was considered by the full committee in a formal meeting on
May 15,1995.  The committee considered a complete committee
substitute.  The substitute was adopted without objection.  SB 280
was reported favorably as substituted, with the recommendation that
it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0
pnv, and 2 absent.