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.