By Pickett                                      H.B. No. 2027

      75R5277 JMC-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the standard applied to review on appeal of a verdict

 1-3     in a criminal proceeding.

 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.  CASES REMANDED AND STANDARD OF REVIEW.  (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)  In reviewing on appeal the legal or factual sufficiency

1-12     of a verdict in a criminal action, the  court shall view the

1-13     evidence in the record in the manner most favorable to the verdict

1-14     to determine if a rational trier of fact could find that the

1-15     evidence satisfies the elements of the offense beyond a reasonable

1-16     doubt.

1-17           SECTION 2.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended,

1-22     and that this Act take effect and be in force from and after its

1-23     passage, and it is so enacted.