1-1 By: Ratliff S.B. No. 1655
1-2 (In the Senate - Filed April 18, 1995; April 18, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 28, 1995, reported favorably by the following vote: Yeas 5,
1-5 Nays 1; April 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the joint or separate prosecution of multiple
1-9 defendants charged with offenses arising from the same criminal
1-10 transaction.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 36.09, Code of Criminal Procedure, is
1-13 amended to read as follows:
1-14 Art. 36.09. SEVERANCE ON SEPARATE INDICTMENTS. Two or more
1-15 defendants who are jointly or separately indicted or complained
1-16 against for the same offense or any offense growing out of the same
1-17 transaction may be, in the discretion of the court, tried jointly
1-18 or separately as to one or more defendants; provided that in any
1-19 event either defendant may testify for the other or on behalf of
1-20 the state; and provided further, that in cases in which, upon
1-21 timely motion to sever, and evidence introduced thereon, <it is
1-22 made known to the court that there is a previous admissible
1-23 conviction against one defendant or that> a joint trial would be
1-24 prejudicial to any defendant, the court shall order a severance as
1-25 to the defendant whose joint trial would prejudice the other
1-26 defendant or defendants.
1-27 SECTION 2. The change in law made by this Act applies only
1-28 to a trial in a criminal case commenced on or after the effective
1-29 date of this Act. A trial commenced before the effective date of
1-30 this Act is covered by the law in effect when the trial commenced,
1-31 and the former law is continued in effect for that purpose.
1-32 SECTION 3. This Act takes effect September 1, 1995.
1-33 SECTION 4. The importance of this legislation and the
1-34 crowded condition of the calendars in both houses create an
1-35 emergency and an imperative public necessity that the
1-36 constitutional rule requiring bills to be read on three several
1-37 days in each house be suspended, and this rule is hereby suspended.
1-38 * * * * *