SRC-SLL S.B. 114 75(R)BILL ANALYSIS


Senate Research CenterS.B. 114
By: Brown
Criminal Justice
2-11-97
Committee Report (Amended)


DIGEST 

Currently, Texas law does not provide standards for reversing judgments in
criminal cases on appeal. This has led to apellate courts overturning
convictions because of errors which occurred at the trial court level
which have no bearing upon the guilt or innocence of the defendant.  This
bill will prohibit apellate courts from reversing a judgment in a criminal
action unless it is shown that the error was of such constitutional
dimiension as to materially affect the verdict or sentence the defendant
received. 

PURPOSE

As proposed, S.B. 114 prohibits appellate courts from reversing a judgment
in a criminal action unless it is shown that the error was of such
constitutional dimension as to materially affect the verdict or sentence
the defendant received. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 44.25, Code of Criminal Procedure, as follows:

Art. 44.25.  New heading: GROUNDS FOR REVERSAL.  Prohibits the courts of
appeals or the Court of Criminal Appeals (courts) from reversing a
judgment in a criminal action on the basis of an error of less than
constitutional dimension, unless the record shows that it is more probable
than not that the error materially affected the verdict or sentence to the
detriment of the appealing party.  Requires the courts to reverse judgment
in a criminal action on the basis of an error of constitutional dimension
unless the record shows beyond a reasonable doubt that the error made no
contribution to the conviction or to the punishment. 

SECTION 2. Provides that under the terms of Section 22.108(b), Government
Code, Rule 81(b)(2), Texas Rules of Appellate Procedure, is disapproved. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.  



SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Article 44.25, Code of Criminal Procedure, by deleting
Subsection (b).