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.