By Keel H.B. No. 1320
76R2004 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admissibility of certain evidence in a criminal
1-3 proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 38.23(a), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (a) No evidence obtained by an officer [or other person] in
1-8 violation of any provisions of the Constitution or laws of the
1-9 State of Texas, or of the Constitution or laws of the United States
1-10 of America, shall be admitted in evidence against the accused on
1-11 the trial of any criminal case.
1-12 In any case where the legal evidence raises an issue
1-13 hereunder, the jury shall be instructed that if it believes, or has
1-14 a reasonable doubt, that the evidence was obtained in violation of
1-15 the provisions of this Article, then and in such event, the jury
1-16 shall disregard any such evidence so obtained.
1-17 SECTION 2. This Act takes effect September 1, 1999.
1-18 SECTION 3. The change in law made by this Act applies only
1-19 to the admissibility of evidence obtained on or after the effective
1-20 date of this Act. The admissibility of evidence obtained before
1-21 the effective date of this Act is covered by the law in effect when
1-22 the evidence was obtained, and the former law is continued in
1-23 effect for that purpose.
1-24 SECTION 4. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.