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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of hearsay rules in proceedings |
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regarding bail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.45 to read as follows: |
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Art. 38.45. APPLICABILITY OF HEARSAY RULES IN PROCEEDINGS |
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REGARDING BAIL. Notwithstanding Rule 101(d)(1)(E), Texas Rules of |
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Evidence, Article VIII of those rules applies to proceedings |
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regarding bail. |
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SECTION 2. This Act applies only to a proceeding regarding |
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bail that is conducted on or after the effective date of this Act, |
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regardless of when the defendant committed the underlying offense |
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for which the defendant became subject to the proceeding. A |
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proceeding regarding bail conducted before the effective date of |
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this Act is governed by the law in effect at the time of the |
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proceeding, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |