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.