75R11089 JMC-D                           

         By Keel                                                H.B. No. 573

         Substitute the following for H.B. No. 573:

         By Reyna of Bexar                                  C.S.H.B. No. 573

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the admissibility of certain evidence in a criminal

 1-3     proceeding.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 38.23(a), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (a)  No evidence obtained by an officer [or other person] in

 1-8     violation of any provisions of the Constitution or laws of the

 1-9     State of Texas, or of the Constitution or laws of the United States

1-10     of America, shall be admitted in evidence against the accused on

1-11     the trial of any criminal case.

1-12           In any case where the legal evidence raises an issue

1-13     hereunder, the jury shall be instructed that if it believes, or has

1-14     a reasonable doubt, that the evidence was obtained in violation of

1-15     the provisions of this Article, then and in such event, the jury

1-16     shall disregard any such evidence so obtained.

1-17           SECTION 2.  This Act takes effect September 1, 1997.

1-18           SECTION 3.  The change in law made by this Act applies only

1-19     to the admissibility of evidence obtained on or after the effective

1-20     date of this Act.  The admissibility of evidence obtained before

1-21     the effective date of this Act is covered by the law in effect when

1-22     the evidence was obtained, and the former law is continued in

1-23     effect for that purpose.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.