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.