By Yost                                                H.B. No. 876
       74R4504 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the joint or separate prosecution of multiple
    1-3  defendants charged with offenses arising from the same criminal
    1-4  transaction.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article 36.09, Code of Criminal Procedure, is
    1-7  amended to read as follows:
    1-8        Art. 36.09.  SEVERANCE ON SEPARATE INDICTMENTS.  Two or more
    1-9  defendants who are jointly or separately indicted or complained
   1-10  against for the same offense or any offense growing out of the same
   1-11  transaction may be, in the discretion of the court, tried jointly
   1-12  or separately as to one or more defendants; provided that in any
   1-13  event either defendant may testify for the other or on behalf of
   1-14  the state; and provided further, that in cases in which, upon
   1-15  timely motion to sever, and evidence introduced thereon<, it is
   1-16  made known to the court that there is a previous admissible
   1-17  conviction against one defendant or> that a joint trial would be
   1-18  prejudicial to any defendant, the court shall order a severance as
   1-19  to the defendant whose joint trial would prejudice the other
   1-20  defendant or defendants.
   1-21        SECTION 2.  The change in law made by this Act applies only
   1-22  to a trial in a criminal case commenced on or after the effective
   1-23  date of this Act.  A trial commenced before the effective date of
   1-24  this Act is covered by the law in effect when the trial commenced,
    2-1  and the former law is continued in effect for that purpose.
    2-2        SECTION 3.  This Act takes effect September 1, 1995.
    2-3        SECTION 4.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.