By Talton H.B. No. 2047
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admissibility of evidence in criminal cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Article 38.23, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 (b) It is an exception to the provisions of Subsection (a)
1-7 of this Article that the evidence was obtained by a law enforcement
1-8 officer in objective good faith reliance upon a warrant issued by a
1-9 neutral magistrate <based on probable cause>.
1-10 SECTION 2. The change in the law made by this Act applies
1-11 only to the admissibility of evidence obtained on or after the
1-12 effective date of this Act. The admissibility of evidence obtained
1-13 before the effective date of this Act is covered by the law in
1-14 effect when the evidence was obtained, and the former law is
1-15 continued in effect for this purpose.
1-16 SECTION 3. This Act takes effect September 1, 1995.
1-17 SECTION 4. The importance of this legislation and the
1-18 crowded condition of the calendars in both houses create an
1-19 emergency and an imperative public necessity that the
1-20 constitutional rule requiring bills to be read on three several
1-21 days in each house be suspended, and this rule is hereby suspended.