By Dutton                                             H.B. No. 3251
         77R9336 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring a court in a criminal case to enforce duties
 1-3     imposed by the legislature on the defendant, the attorney
 1-4     representing the state, or any other person.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Chapter 1, Code of Criminal Procedure, is amended
 1-7     by adding Article 1.011 to read as follows:
 1-8           Art. 1.011.  DUTY OF JUDICIARY TO ENFORCE CODE.  (a)  Each
 1-9     court having jurisdiction in a criminal action shall faithfully
1-10     enforce all provisions of this code imposing a duty on the
1-11     defendant, the attorney representing the state, or any other
1-12     person.
1-13           (b)  An appellate court may not reverse a conviction on the
1-14     grounds that the trial court failed to enforce a duty as required
1-15     by Subsection (a)  if the appellate court determines beyond a
1-16     reasonable doubt that the failure of the trial court to enforce the
1-17     duty made no contribution to the conviction or did not affect the
1-18     punishment in the case.
1-19           SECTION 2.  This Act takes effect immediately if it receives
1-20     a vote of two-thirds of all the members elected to each house, as
1-21     provided by Section 39, Article III, Texas Constitution.  If this
1-22     Act does not receive the vote necessary for immediate effect, this
1-23     Act takes effect September 1, 2001.