1-1 By: Brown S.B. No. 280
1-2 (In the Senate - Filed January 23, 1995; January 24, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 8, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 1; March 8, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 280 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the grounds for reversing a criminal case on appeal.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 44.25, Code of Criminal Procedure, is
1-13 amended to read as follows:
1-14 Art. 44.25. GROUNDS FOR REVERSAL <CASES REMANDED>. (a) The
1-15 courts of appeals or the Court of Criminal Appeals may reverse the
1-16 judgment in a criminal action, as well upon the law as upon the
1-17 facts.
1-18 (b) The courts of appeals or the Court of Criminal Appeals
1-19 shall not reverse a judgment in a criminal action for the violation
1-20 of a constitutional provision, statute, court rule, or other law,
1-21 unless the complaining party preserved the complaint for appellate
1-22 review by complying with Rule 52, Texas Rules of Appellate
1-23 Procedure, and any other applicable law for preservation of
1-24 appellate issues.
1-25 (c) The courts of appeals or the Court of Criminal Appeals
1-26 shall not reverse a judgment in a criminal action for an error of
1-27 less than constitutional dimension, including the violation of a
1-28 statute or court rule, unless the record shows it is more probable
1-29 than not that the error materially affected the verdict or sentence
1-30 to the detriment of the appealing party.
1-31 (d) The court of appeals or the Court of Criminal Appeals
1-32 shall not reverse a judgment in a criminal action for an error of
1-33 constitutional dimension if the record shows beyond a reasonable
1-34 doubt that the error made no contribution to the verdict or
1-35 sentence.
1-36 SECTION 2. Under the terms of Subsection (b), Section
1-37 22.108, Government Code, Rule 81(b)(2), Texas Rules of Appellate
1-38 Procedure, is disapproved.
1-39 SECTION 3. This Act takes effect September 1, 1995.
1-40 SECTION 4. The importance of this legislation and the
1-41 crowded condition of the calendars in both houses create an
1-42 emergency and an imperative public necessity that the
1-43 constitutional rule requiring bills to be read on three several
1-44 days in each house be suspended, and this rule is hereby suspended.
1-45 * * * * *