Old | New | Differences | |
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1 | 1 | 81R2484 SJM-D | |
2 | 2 | By: Alonzo H.B. No. 196 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the applicability of hearsay rules in proceedings | |
8 | 8 | regarding bail. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Chapter 38, Code of Criminal Procedure, is | |
11 | 11 | amended by adding Article 38.45 to read as follows: | |
12 | 12 | Art. 38.45. APPLICABILITY OF HEARSAY RULES IN PROCEEDINGS | |
13 | 13 | REGARDING BAIL. Notwithstanding Rule 101(d)(1)(E), Texas Rules of | |
14 | 14 | Evidence, Article VIII of those rules applies to proceedings | |
15 | 15 | regarding bail. | |
16 | 16 | SECTION 2. This Act applies only to a proceeding regarding | |
17 | 17 | bail that is conducted on or after the effective date of this Act, | |
18 | 18 | regardless of when the defendant committed the underlying offense | |
19 | 19 | for which the defendant became subject to the proceeding. A | |
20 | 20 | proceeding regarding bail conducted before the effective date of | |
21 | 21 | this Act is governed by the law in effect at the time of the | |
22 | 22 | proceeding, and the former law is continued in effect for that | |
23 | 23 | purpose. | |
24 | 24 | SECTION 3. This Act takes effect immediately if it receives | |
25 | 25 | a vote of two-thirds of all the members elected to each house, as | |
26 | 26 | provided by Section 39, Article III, Texas Constitution. If this | |
27 | 27 | Act does not receive the vote necessary for immediate effect, this | |
28 | 28 | Act takes effect September 1, 2009. |