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.