1-1           By:  Brown                                       S.B. No. 114

 1-2           (In the Senate - Filed December 3, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     February 12, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 6, Nays 1; February 12, 1991, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                            By:  Shapleigh

 1-7     Amend S.B. No. 114 by deleting Subsection (b) of Article 44.25 in

 1-8     SECTION 1 and relettering subsequent subsections appropriately.

 1-9                            A BILL TO BE ENTITLED

1-10                                   AN ACT

1-11     relating to the procedural requirements and grounds for reversing a

1-12     criminal case on appeal.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Article 44.25, Code of Criminal Procedure, is

1-15     amended to read as follows:

1-16           Art. 44.25.  GROUNDS FOR REVERSAL [CASES REMANDED].  (a)  The

1-17     courts of appeals or the Court of Criminal Appeals may reverse the

1-18     judgment in a criminal action, as well upon the law as upon the

1-19     facts.

1-20           (b)  The courts of appeals or the Court of Criminal Appeals

1-21     may not reverse a judgment in a criminal action on the basis of a

1-22     violation of a constitutional provision, statute, court rule, or

1-23     other law unless the complaining party preserved the complaint for

1-24     appellate review by complying with Rule 52, Texas Rules of

1-25     Appellate Procedure, and any other applicable law.

1-26           (c)  The courts of appeals or the Court of Criminal Appeals

1-27     may not reverse a judgment in a criminal action on the basis of an

1-28     error of less than constitutional dimension, including a violation

1-29     of a statute or court rule, unless the record shows that it is more

1-30     probable than not that the error materially affected the verdict or

1-31     sentence to the detriment of the appealing party.

1-32           (d)  The courts of appeals or the Court of Criminal Appeals

1-33     shall reverse a judgment in a criminal action on the basis of an

1-34     error of constitutional dimension unless the record shows beyond a

1-35     reasonable doubt that the error made no contribution to the

1-36     conviction or to the punishment.

1-37           SECTION 2.  Under the terms of Subsection (b), Section

1-38     22.108, Government Code,  Rule 81(b)(2), Texas Rules of Appellate

1-39     Procedure, is disapproved.

1-40           SECTION 3.  This Act takes effect September 1, 1997.

1-41           SECTION 4.  The importance of this legislation and the

1-42     crowded condition of the calendars in both houses create an

1-43     emergency and an imperative public necessity that the

1-44     constitutional rule requiring bills to be read on three several

1-45     days in each house be suspended, and this rule is hereby suspended.

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