By Patterson S.B. No. 231
74R2786 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the grounds for reversing a criminal case on appeal.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 44.25, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 44.25. GROUNDS FOR REVERSAL <CASES REMANDED>. (a) The
1-7 courts of appeals or the Court of Criminal Appeals may reverse the
1-8 judgment in a criminal action, as well upon the law as upon the
1-9 facts.
1-10 (b) The courts of appeals or the Court of Criminal Appeals
1-11 may not reverse a judgment in a criminal action on the grounds that
1-12 the trial court failed to comply with a statute, rule, or procedure
1-13 unless the error is shown to prejudice the defendant.
1-14 SECTION 2. Under the terms of Section 22.108(b), Government
1-15 Code, Rule 81(b)(2), Texas Rules of Appellate Procedure, is
1-16 disapproved, but only to the extent Rule 81(b)(2) conflicts with
1-17 Article 44.25, Code of Criminal Procedure, as amended by this Act.
1-18 SECTION 3. (a) The changes in law and rules made by this
1-19 Act apply only to a judgment in a criminal action for an offense
1-20 committed on or after the effective date of this Act. For purposes
1-21 of this section, an offense is committed before the effective date
1-22 of this Act if any element of the offense occurs before the
1-23 effective date.
1-24 (b) The review of a judgment in a criminal action for an
2-1 offense committed before the effective date of this Act is covered
2-2 by the law and rules in effect when the offense was committed, and
2-3 the former law and rules are continued in effect for this purpose.
2-4 SECTION 4. This Act takes effect September 1, 1995.
2-5 SECTION 5. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.