By Hartnett                                            H.B. No. 425
       74R1670 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the admissibility in a criminal proceeding of certain
    1-3  evidence obtained by a law enforcement officer.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 38.23, Code of Criminal Procedure, is
    1-6  amended by adding Subsection (c) to read as follows:
    1-7        (c)  It is an exception to Subsection (a) of this Article
    1-8  that the evidence obtained by a law enforcement officer inevitably
    1-9  would have been discovered by lawful means.  The state must prove
   1-10  the exception by a preponderance of the evidence.
   1-11        SECTION 2.  This Act takes effect September 1, 1995.
   1-12        SECTION 3.  The change in law made by this Act applies only
   1-13  to the admissibility of evidence obtained on or after the effective
   1-14  date of this Act.  The admissibility of evidence obtained before
   1-15  the effective date of this Act is covered by the law in effect when
   1-16  the evidence was obtained, and the former law is continued in
   1-17  effect for that purpose.
   1-18        SECTION 4.  The importance of this legislation and the
   1-19  crowded condition of the calendars in both houses create an
   1-20  emergency and an imperative public necessity that the
   1-21  constitutional rule requiring bills to be read on three several
   1-22  days in each house be suspended, and this rule is hereby suspended.