74R11504 NSC-F
          By Brown                                               S.B. No. 280
          Substitute the following for S.B. No. 280:
          By Talton                                          C.S.S.B. No. 280
                                 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  shall not reverse a judgment in a criminal action for the violation
   1-12  of a constitutional provision, statute, court rule, or other law,
   1-13  unless the complaining party preserved the complaint for appellate
   1-14  review by complying with Rule 52, Texas Rules of Appellate
   1-15  Procedure, and any other applicable law for preservation of
   1-16  appellate issues.
   1-17        (c)  The courts of appeals or the Court of Criminal Appeals
   1-18  shall not reverse a judgment in a criminal action for an error of
   1-19  less than constitutional dimension, including the violation of a
   1-20  statute or court rule, unless the record shows that the error
   1-21  materially affected the verdict or sentence to the detriment of the
   1-22  appealing party.
   1-23        (d)  The courts of appeals or the Court of Criminal Appeals
   1-24  shall reverse a judgment in a criminal action for an error of
    2-1  constitutional dimension unless the record shows beyond a
    2-2  reasonable doubt that the error made no contribution to the verdict
    2-3  or sentence.
    2-4        SECTION 2.  Under the terms of Subsection (b), Section
    2-5  22.108, Government Code, Rule 81(b)(2), Texas Rules of Appellate
    2-6  Procedure, is disapproved.
    2-7        SECTION 3.  This Act takes effect September 1, 1995.
    2-8        SECTION 4.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.