By West S.B. No. 567
74R4457 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the opening statement of the defendant in a criminal
1-3 trial.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 36.01(b), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (b) The defendant's counsel may make the opening statement
1-8 for the defendant immediately after the attorney representing the
1-9 State makes the opening statement for the State. If the State
1-10 waives the opening statement for the State, the defendant's counsel
1-11 may make the opening statement for the defendant immediately before
1-12 the State's testimony is offered. After the defendant's counsel
1-13 <attorney> concludes the defendant's opening statement, the State's
1-14 testimony shall be offered. At the conclusion of the presentation
1-15 of the State's testimony, the defendant's testimony shall be
1-16 offered, and the order of proceedings shall continue in the manner
1-17 described by Subsection (a) of this article.
1-18 SECTION 2. This Act takes effect September 1, 1995.
1-19 SECTION 3. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended.