By Keel                                          H.B. No. 573

      75R3061 JMC-F                           

                                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(b), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (b)  It is an exception to [the provisions of] Subsection (a)

 1-8     [of this Article] that:

 1-9                 (1)  the evidence is [was] obtained:

1-10                       (A)  by a law enforcement officer acting in

1-11     objective good faith reliance upon a warrant issued by a neutral

1-12     magistrate based on probable cause;

1-13                       (B)  from a source that is independent of a

1-14     violation of federal or state law; or

1-15                       (C)  after an intervening circumstance has

1-16     occurred that is sufficient to attenuate the taint created by a

1-17     violation of federal or state law; or

1-18                 (2)  the evidence inevitably would have been discovered

1-19     by lawful means.

1-20           SECTION 2.  This Act takes effect September 1, 1997.

1-21           SECTION 3.  The change in law made by this Act applies only

1-22     to the admissibility of evidence obtained on or after the effective

1-23     date of this Act.  The admissibility of evidence obtained before

1-24     the effective date of this Act is covered by the law in effect when

 2-1     the evidence was obtained, and the former law is continued in

 2-2     effect for that purpose.

 2-3           SECTION 4.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.