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.