By Brown                                               S.B. No. 280
       74R1917 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 affect the substantial rights of the
   1-14  defendant.
   1-15        (c)  The courts of appeals or the Court of Criminal Appeals
   1-16  shall reverse a judgment in a criminal action on the grounds that a
   1-17  constitutional error was made, unless the appellate court
   1-18  determines beyond a reasonable doubt that the error made no
   1-19  contribution to the conviction or to the punishment.
   1-20        SECTION 2.  Under the terms of Section 22.108(b), Government
   1-21  Code, Rule 81(b)(2), Texas Rules of Appellate Procedure, is
   1-22  disapproved.
   1-23        SECTION 3.  (a)  The changes in law and rules made by this
   1-24  Act apply only to a judgment in a criminal action for an offense
    2-1  committed on or after the effective date of this Act.  For purposes
    2-2  of this section, an offense is committed before the effective date
    2-3  of this Act if any element of the offense occurs before the
    2-4  effective date.
    2-5        (b)  The review of a judgment in a criminal action for an
    2-6  offense committed before the effective date of this Act is covered
    2-7  by the law and rules in effect when the offense was committed, and
    2-8  the former law and rules are continued in effect for that purpose.
    2-9        SECTION 4.  This Act takes effect September 1, 1995.
   2-10        SECTION 5.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.