By Clark                                        H.B. No. 2281

      75R6211 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(a), Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6           (a)  No evidence obtained by an officer [or other person] in

 1-7     violation of any provisions of the Constitution or laws of the

 1-8     State of Texas, or of the Constitution or laws of the United States

 1-9     of America, shall be admitted in evidence against the accused on

1-10     the trial of any criminal case.

1-11           In any case where the legal evidence raises an issue

1-12     hereunder, the jury shall be instructed that if it believes, or has

1-13     a reasonable doubt, that the evidence was obtained in violation of

1-14     the provisions of this Article, then and in such event, the jury

1-15     shall disregard any such evidence so obtained.

1-16           SECTION 2.  The change in law made by this Act applies only

1-17     to the admissibility of evidence obtained on or after the effective

1-18     date of this Act. The admissibility of evidence obtained  before

1-19     the effective date of this Act is covered by the law in effect when

1-20     the evidence was obtained, and the former law is continued in

1-21     effect for that purpose.

1-22           SECTION 3.  This Act takes effect September 1, 1997.

1-23           SECTION 4.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended.