79R1657 KEL-D

By:  Hodge                                                        H.B. No. 1425



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, 2005.