By Ratliff S.B. No. 1655
74R4504 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the joint or separate prosecution of multiple
1-3 defendants charged with offenses arising from the same criminal
1-4 transaction.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 36.09, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 36.09. SEVERANCE ON SEPARATE INDICTMENTS. Two or more
1-9 defendants who are jointly or separately indicted or complained
1-10 against for the same offense or any offense growing out of the same
1-11 transaction may be, in the discretion of the court, tried jointly
1-12 or separately as to one or more defendants; provided that in any
1-13 event either defendant may testify for the other or on behalf of
1-14 the state; and provided further, that in cases in which, upon
1-15 timely motion to sever, and evidence introduced thereon<, it is
1-16 made known to the court that there is a previous admissible
1-17 conviction against one defendant or> that a joint trial would be
1-18 prejudicial to any defendant, the court shall order a severance as
1-19 to the defendant whose joint trial would prejudice the other
1-20 defendant or defendants.
1-21 SECTION 2. The change in law made by this Act applies only
1-22 to a trial in a criminal case commenced on or after the effective
1-23 date of this Act. A trial commenced before the effective date of
1-24 this Act is covered by the law in effect when the trial commenced,
2-1 and the former law is continued in effect for that purpose.
2-2 SECTION 3. This Act takes effect September 1, 1995.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.