AEZ C.S.H.B. 573 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 573
By: Keel
5-9-97
Committee Report (Substituted)



BACKGROUND 

Currently, Article 38.23, Code of Criminal Procedure, states that no
evidence obtained by an officer or other person in violation of the
Constitution shall be admitted in evidence against the accused on the
trial of any criminal case.  

PURPOSE

CSHB 573, as proposed, would delete "or other person."

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Article 38.23 (a), Code of Criminal Procedure, Evidence
Not to Be Used, by deleting "or other person." 
 
SECTION 2.  Effective Date:  September 1, 1997.

SECTION 3.The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 4.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended Article 38.23(b) Code of Criminal Procedure by
providing that it would be an exception to Subsection (a) that evidence
was obtained  from a source that is independent of a violation of federal
or state law or after an intervening circumstance has occurred that is
sufficient to attenuate the taint created by a violation of federal or
state law.  It would also be an exception if the evidence would have
inevitably been discovered by lawful means.  The substitute did not amend
this section.  The substitute amended Article 38.23(a) by deleting the
words "or other person."