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.