By: Middleton S.B. No. 2563
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain evidence against a
defendant in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.23, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.23. EXCLUSIONARY RULE [EVIDENCE NOT TO BE USED].
(a) Notwithstanding any other law, evidence that is otherwise
admissible may not be excluded as evidence against a defendant on
the basis that the [No] evidence was obtained [by an officer or
other person] in violation of any provisions of the Constitution or
laws of the State of Texas, or of the Constitution or laws of the
United States of America, unless:
(1) the evidence was intentionally obtained or
obtained by deliberate, reckless, or grossly negligent conduct or
by recurring or systemic negligence, in violation of the
constitution of the United States as interpreted by the United
States Supreme Court; and
(2) a ruling of the United States Supreme Court
compels the exclusion or suppression of that evidence, and there is
no reasonable grounds for distinguishing that ruling factually or
legally.[shall be admitted in evidence against the accused on the
trial of any criminal case.
[In any case where the legal evidence raises an issue
hereunder, the jury shall be instructed that if it believes, or has
a reasonable doubt, that the evidence was obtained in violation of
the provisions of this Article, then and in such event, the jury
shall disregard any such evidence so obtained].
(b) Notwithstanding any other law, the attorney
representing the state is entitled to an interlocutory appeal under
Article 38.24 of an order under [It is an exception to the
provisions of] Subsection (a) of this article [Article that the
evidence was obtained by a law enforcement officer acting in
objective good faith reliance upon a warrant issued by a neutral
magistrate based on probable cause].
(c) This article may not be construed to preclude or in any
way limit the ability of a defendant to bring an action for damages
incurred as a result of a violation of the defendant's rights under
the Fourth Amendment to the United States Constitution, as made
applicable to the states through the United States Supreme Court's
interpretation of the Fourteenth Amendment to the United States
Constitution, or Section 9, Article I, Texas Constitution.
SECTION 2. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.24 to read as follows:
Art. 38.24. INTERLOCUTORY APPEAL. (a) Notwithstanding any
other law, the attorney representing the state is entitled to
interlocutory appeal directly to the Texas Court of Criminal
Appeals from any order excluding or suppressing evidence on the
basis that it was obtained in violation of any provisions of the
Constitution or laws of the State of Texas, or of the Constitution
or laws of the United States of America.
(b) The state may appeal under this article even if a ruling
from the United States Supreme Court compels the exclusion or
suppression of the disputed evidence, and the state may appeal for
the purpose of seeking reconsideration of the United States Supreme
Court ruling on a petition for a writ of certiorari.
(c) To appeal under this article, the attorney representing
the state must:
(1) file a notice of appeal not later than the 14th day
after the date of the order under Article 38.23(a); and
(2) if applicable, indicate in the notice of appeal
that:
(A) a ruling from the United States Supreme Court
compels the exclusion or suppression of the disputed evidence; and
(B) the appeal is taken solely for the purpose of
seeking reconsideration of that United States Supreme Court ruling
on a petition for a writ of certiorari.
(d) The filing of a notice of appeal under this article
automatically stays the proceeding until the appeal is fully
resolved.
(e) The Texas Court of Criminal Appeals shall expedite the
consideration of any appeal under this article.
(f) The Texas Court of Criminal Appeals shall summarily
affirm the order, without requesting a briefing on the merits or
holding an oral argument, if it concludes or the attorney
representing the state concedes that a ruling from the United
States Supreme Court compels the exclusion or suppression of the
disputed evidence.
(g) The attorney representing the state may petition for a
writ of certiorari to the United States Supreme Court from any
decision of the Texas Court of Criminal Appeals affirming the
exclusion or suppression of evidence. If the attorney representing
the state petitions for a writ of certiorari, the stay of
proceedings required by Subsection (d) remains in effect until the
petition is finally disposed.
SECTION 3. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commenced before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.