By:  Brown                                    S.B. No. 114

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the procedural requirements and grounds for reversing a

 1-2     criminal case on appeal.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article 44.25, Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6           Art. 44.25.  GROUNDS FOR REVERSAL [CASES REMANDED].  (a)  The

 1-7     courts of appeals or the Court of Criminal Appeals may reverse the

 1-8     judgment in a criminal action, as well upon the law as upon the

 1-9     facts.

1-10           (b)  The courts of appeals or the Court of Criminal Appeals

1-11     may not reverse a judgment in a criminal action on the basis of an

1-12     error of less than constitutional dimension, including a violation

1-13     of a statute or court rule, unless the record shows that it is more

1-14     probable than not that the error materially affected the verdict or

1-15     sentence to the detriment of the appealing party.

1-16           (c)  The courts of appeals or the Court of Criminal Appeals

1-17     shall reverse a judgment in a criminal action on the basis of an

1-18     error of constitutional dimension unless the record shows beyond a

1-19     reasonable doubt that the error made no contribution to the

1-20     conviction or to the punishment.

1-21           SECTION 2.  Under the terms of Subsection (b), Section

1-22     22.108, Government Code,  Rule 81(b)(2), Texas Rules of Appellate

1-23     Procedure, is disapproved.

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

 2-2           SECTION 4.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.