By Talton H.B. No. 1365
75R5216 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admissibility of evidence in criminal cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 38.23, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 38.23. EVIDENCE NOT TO BE USED. (a) No evidence
1-7 obtained by an officer [or other person] in violation of any
1-8 provisions of the Constitution or laws of the State of Texas, or of
1-9 the Constitution or laws of the United States of America, shall be
1-10 admitted in evidence against the accused on the trial of any
1-11 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 (b) It is an exception to the provisions of Subsection (a)
1-18 of this Article that the evidence:
1-19 (1) was obtained by a law enforcement officer acting
1-20 in objective good faith reliance upon a warrant issued by a neutral
1-21 magistrate; or
1-22 (2) inevitably would have been discovered by lawful
1-23 means [based on probable cause].
1-24 SECTION 2. The change in law made by this Act applies only
2-1 to the admissibility of evidence obtained on or after the effective
2-2 date of this Act. The admissibility of evidence obtained before
2-3 the effective date of this Act is covered by the law in effect when
2-4 the evidence was obtained, and the former law is continued in
2-5 effect for that purpose.
2-6 SECTION 3. This Act takes effect September 1, 1997.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.