Texas 2023 - 88th Regular

Texas Senate Bill SB2563 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Middleton S.B. No. 2563
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the admissibility of certain evidence against a
7	7	defendant in a criminal case.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 38.23, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 38.23. EXCLUSIONARY RULE [EVIDENCE NOT TO BE USED].
12	12	(a) Notwithstanding any other law, evidence that is otherwise
13	13	admissible may not be excluded as evidence against a defendant on
14	14	the basis that the [No] evidence was obtained [by an officer or
15	15	other person] in violation of any provisions of the Constitution or
16	16	laws of the State of Texas, or of the Constitution or laws of the
17	17	United States of America, unless:
18	18	(1) the evidence was intentionally obtained or
19	19	obtained by deliberate, reckless, or grossly negligent conduct or
20	20	by recurring or systemic negligence, in violation of the
21	21	constitution of the United States as interpreted by the United
22	22	States Supreme Court; and
23	23	(2) a ruling of the United States Supreme Court
24	24	compels the exclusion or suppression of that evidence, and there is
25	25	no reasonable grounds for distinguishing that ruling factually or
26	26	legally.[shall be admitted in evidence against the accused on the
27	27	trial of any criminal case.
28	28	[In any case where the legal evidence raises an issue
29	29	hereunder, the jury shall be instructed that if it believes, or has
30	30	a reasonable doubt, that the evidence was obtained in violation of
31	31	the provisions of this Article, then and in such event, the jury
32	32	shall disregard any such evidence so obtained].
33	33	(b) Notwithstanding any other law, the attorney
34	34	representing the state is entitled to an interlocutory appeal under
35	35	Article 38.24 of an order under [It is an exception to the
36	36	provisions of] Subsection (a) of this article [Article that the
37	37	evidence was obtained by a law enforcement officer acting in
38	38	objective good faith reliance upon a warrant issued by a neutral
39	39	magistrate based on probable cause].
40	40	(c) This article may not be construed to preclude or in any
41	41	way limit the ability of a defendant to bring an action for damages
42	42	incurred as a result of a violation of the defendant's rights under
43	43	the Fourth Amendment to the United States Constitution, as made
44	44	applicable to the states through the United States Supreme Court's
45	45	interpretation of the Fourteenth Amendment to the United States
46	46	Constitution, or Section 9, Article I, Texas Constitution.
47	47	SECTION 2. Chapter 38, Code of Criminal Procedure, is
48	48	amended by adding Article 38.24 to read as follows:
49	49	Art. 38.24. INTERLOCUTORY APPEAL. (a) Notwithstanding any
50	50	other law, the attorney representing the state is entitled to
51	51	interlocutory appeal directly to the Texas Court of Criminal
52	52	Appeals from any order excluding or suppressing evidence on the
53	53	basis that it was obtained in violation of any provisions of the
54	54	Constitution or laws of the State of Texas, or of the Constitution
55	55	or laws of the United States of America.
56	56	(b) The state may appeal under this article even if a ruling
57	57	from the United States Supreme Court compels the exclusion or
58	58	suppression of the disputed evidence, and the state may appeal for
59	59	the purpose of seeking reconsideration of the United States Supreme
60	60	Court ruling on a petition for a writ of certiorari.
61	61	(c) To appeal under this article, the attorney representing
62	62	the state must:
63	63	(1) file a notice of appeal not later than the 14th day
64	64	after the date of the order under Article 38.23(a); and
65	65	(2) if applicable, indicate in the notice of appeal
66	66	that:
67	67	(A) a ruling from the United States Supreme Court
68	68	compels the exclusion or suppression of the disputed evidence; and
69	69	(B) the appeal is taken solely for the purpose of
70	70	seeking reconsideration of that United States Supreme Court ruling
71	71	on a petition for a writ of certiorari.
72	72	(d) The filing of a notice of appeal under this article
73	73	automatically stays the proceeding until the appeal is fully
74	74	resolved.
75	75	(e) The Texas Court of Criminal Appeals shall expedite the
76	76	consideration of any appeal under this article.
77	77	(f) The Texas Court of Criminal Appeals shall summarily
78	78	affirm the order, without requesting a briefing on the merits or
79	79	holding an oral argument, if it concludes or the attorney
80	80	representing the state concedes that a ruling from the United
81	81	States Supreme Court compels the exclusion or suppression of the
82	82	disputed evidence.
83	83	(g) The attorney representing the state may petition for a
84	84	writ of certiorari to the United States Supreme Court from any
85	85	decision of the Texas Court of Criminal Appeals affirming the
86	86	exclusion or suppression of evidence. If the attorney representing
87	87	the state petitions for a writ of certiorari, the stay of
88	88	proceedings required by Subsection (d) remains in effect until the
89	89	petition is finally disposed.
90	90	SECTION 3. The change in law made by this Act applies only
91	91	to a criminal proceeding that commences on or after the effective
92	92	date of this Act. A criminal proceeding that commenced before the
93	93	effective date of this Act is governed by the law in effect on the
94	94	date the proceeding commenced, and the former law is continued in
95	95	effect for that purpose.
96	96	SECTION 4. This Act takes effect September 1, 2023.