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