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."