| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain exceptions to the statutory exclusionary rule |
|
|
in criminal prosecutions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 38.23, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
|
read as follows: |
|
|
(b) It is an exception to the provisions of Subsection (a) |
|
|
[of this Article] that the evidence was obtained by a law |
|
|
enforcement officer acting in objective good faith reliance upon a |
|
|
warrant issued by a neutral magistrate unless the affidavit upon |
|
|
which the warrant was issued: |
|
|
(1) contained a false statement that was made |
|
|
recklessly or knowingly and was material to the determination of |
|
|
probable cause; |
|
|
(2) lacked the information necessary to allow a |
|
|
neutral magistrate to determine the existence of probable cause; or |
|
|
(3) was technically or facially deficient in a manner |
|
|
other than a manner described by Subdivision (1) or (2) [based on
|
|
|
probable cause]. |
|
|
(c) It is an exception to the provisions of Subsection (a) |
|
|
that the evidence would inevitably have been discovered in a manner |
|
|
not prohibited by Subsection (a). The state must establish |
|
|
inevitability under this subsection by a preponderance of the |
|
|
evidence. |
|
|
SECTION 2. This Act applies only to evidence obtained on or |
|
|
after the effective date of this Act. Evidence obtained before the |
|
|
effective date of this Act is governed by the law in effect at the |
|
|
time the evidence was obtained, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |