By Keel                                         H.B. No. 1866

      75R7708 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to granting the state a right to appeal the exclusion of

 1-3     evidence, a confession, or an admission in a criminal case.

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

 1-5           SECTION 1.  Article 44.01(a), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (a)  The state is entitled to appeal an order of a court in a

 1-8     criminal case if the order:

 1-9                 (1)  dismisses an indictment, information, or complaint

1-10     or any portion of an indictment, information, or complaint;

1-11                 (2)  arrests or modifies a judgment;

1-12                 (3)  grants a new trial;

1-13                 (4)  sustains a claim of former jeopardy;  or

1-14                 (5)  grants a motion to suppress or exclude evidence, a

1-15     confession, or an admission, if jeopardy has not attached in the

1-16     case and if the prosecuting attorney certifies to the trial court

1-17     that the appeal is not taken for the purpose of delay and that the

1-18     evidence, confession, or admission is of substantial importance in

1-19     the case.

1-20           SECTION 2.  (a)  The change in law made by this Act applies

1-21     only to the appeal of an order if the order is entered by a court

1-22     on or after the effective date of this Act.

1-23           (b)  An order entered before the effective date of this Act

1-24     is covered by the law in effect when the order was entered, and the

 2-1     former law is continued in effect for that purpose.

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

 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.