By West S.B. No. 662
76R1927 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admissibility at trial of certain evidence obtained
1-3 by a law enforcement officer.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 38.23, Code of Criminal Procedure, is
1-6 amended by adding Subsection (c) to read as follows:
1-7 (c) Evidence obtained by a law enforcement officer as a
1-8 result of the officer's warrantless arrest or detention of an
1-9 individual is validly obtained for purposes of this article only if
1-10 a reasonable law enforcement officer under the same circumstances
1-11 would have arrested or detained the individual.
1-12 SECTION 2. The change in law made by this Act applies only
1-13 to evidence obtained as a result of an arrest or detention that
1-14 occurs on or after the effective date of this Act. Evidence
1-15 obtained as a result of an arrest or detention that occurs before
1-16 the effective date of this Act is covered by the law in effect when
1-17 the arrest or detention occurred, and the former law is continued
1-18 in effect for that purpose.
1-19 SECTION 3. This Act takes effect September 1, 1999.
1-20 SECTION 4. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended.