78R3778 GWK-D
By: Keel H.B. No. 618
A BILL TO BE ENTITLED
AN ACT
relating to procedures and evidence in a hearing on a motion in a
criminal case to suppress evidence, a confession, or a statement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 28.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. The court may set any criminal case for a pre-trial
hearing before it is set for trial upon its merits, and direct the
defendant and his attorney, if any of record, and the State's
attorney, to appear before the court at the time and place stated in
the court's order for a conference and hearing. The defendant must
be present at the arraignment, and his presence is required during
any pre-trial proceeding. The pre-trial hearing shall be to
determine any of the following matters:
(1) Arraignment of the defendant, if such be
necessary; and appointment of counsel to represent the defendant,
if such be necessary;
(2) Pleadings of the defendant;
(3) Special pleas, if any;
(4) Exceptions to the form or substance of the
indictment or information;
(5) Motions for continuance either by the State or
defendant; provided that grounds for continuance not existing or
not known at the time may be presented and considered at any time
before the defendant announces ready for trial;
(6) Motions to suppress evidence--When the court
grants a hearing on a [the] motion to suppress evidence [is
granted], the court may determine the merits of the [said] motion on
oral testimony or, unless either party objects, on the motions
themselves[,] or on [upon] opposing affidavits[, or upon oral
testimony, subject to the discretion of the court];
(7) Motions for change of venue by the State or the
defendant; provided, however, that such motions for change of
venue, if overruled at the pre-trial hearing, may be renewed by the
State or the defendant during the voir dire examination of the jury;
(8) Discovery;
(9) Entrapment; and
(10) Motion for appointment of interpreter.
SECTION 2. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.01 to read as follows:
Art. 38.01. EVIDENCE ON MOTION TO SUPPRESS. Notwithstanding
Rules 101(d) and 104, Texas Rules of Evidence, the Texas Rules of
Evidence apply to a proceeding on a motion to suppress evidence, a
confession, or a statement.
SECTION 3. This Act takes effect September 1, 2003.