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.
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