By Culberson H.J.R. No. 52
74R2117 NSC-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the rights of the
1-2 state and the defendant in a criminal case.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article I of the Texas Constitution is amended by
1-5 adding Section 31 to read as follows:
1-6 Sec. 31. The state, through its prosecuting attorneys as the
1-7 statutory representatives of crime victims and other citizens of
1-8 this state, is entitled to the right of due course of law in
1-9 criminal proceedings. The constitutional rights granted to
1-10 criminal defendants by Sections 9, 10, 13, and 19 of this article
1-11 may not be construed as granting those defendants rights greater
1-12 than those provided criminal defendants by a federal act or the
1-13 United States Constitution, as the act or the United States
1-14 Constitution is construed by the United States Supreme Court.
1-15 SECTION 2. This proposed amendment shall be submitted to the
1-16 voters at an election to be held November 7, 1995. The ballot
1-17 shall be printed to provide for voting for or against the
1-18 proposition: "The constitutional amendment providing the state
1-19 with the right of due course of law in criminal cases and
1-20 establishing that rights of defendants under the Texas Constitution
1-21 are not greater than the rights provided by a federal act or the
1-22 United States Constitution."