BILL ANALYSIS


                                                     C.S.S.B. 280
                                                        By: Brown
                                                 Criminal Justice
                                                          3-20-95
                                   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, 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 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 a constitutional dimension,
       including the violation of a statute or court rule, unless
       the record shows it is more probable than not that the error
       materially affected the verdict or sentence to the detriment
       of the appealing party.
       
       (d)  Prohibits the court of appeals or the Court of Criminal
       Appeals from reversing a judgment in a criminal action for
       error of constitutional dimension if the record shows beyond
       a reasonable doubt that the error made not contribution to
       the verdict or sentence.
       
SECTION 2.  Disapproves Rule 81(b)(2), Texas Rules of Appellate
Procedure.

SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Emergency clause.