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.