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