By Nixon                                         H.B. No. 859

      75R898 GWK-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the procedural requirements and grounds for reversing a

 1-3     criminal case on appeal.

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

 1-5           SECTION 1.  Article 44.25, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 44.25.  GROUNDS FOR REVERSAL [CASES REMANDED].  (a)  The

 1-8     courts of appeals or the Court of Criminal Appeals may reverse the

 1-9     judgment in a criminal action, as well upon the law as upon the

1-10     facts.

1-11           (b)  The courts of appeals or the Court of Criminal Appeals

1-12     may not reverse a judgment in a criminal action on the basis of a

1-13     violation of a constitutional provision, statute, court rule, or

1-14     other law unless the complaining party preserved the complaint for

1-15     appellate review by complying with Rule 52, Texas Rules of

1-16     Appellate Procedure, and any other applicable law.

1-17           (c)  The courts of appeals or the Court of Criminal Appeals

1-18     may not reverse a judgment in a criminal action on the basis of an

1-19     error of less than constitutional dimension, including a violation

1-20     of a statute or court rule, unless the record shows that it is more

1-21     probable than not that the error materially affected the verdict or

1-22     sentence to the detriment of the appealing party.

1-23           (d)  The courts of appeals or the Court of Criminal Appeals

1-24     shall reverse a judgment in a criminal action on the basis of an

 2-1     error of constitutional dimension unless the record shows beyond a

 2-2     reasonable doubt that the error made no contribution to the

 2-3     conviction or to the punishment.

 2-4           SECTION 2.  Under the terms of Section 22.108(b), Government

 2-5     Code,  Rule 81(b)(2), Texas Rules of Appellate Procedure, is

 2-6     disapproved.

 2-7           SECTION 3.  This Act takes effect September 1, 1997.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.