Bill Text: TX SB2563 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the admissibility of certain evidence against a defendant in a criminal case.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Criminal Justice [SB2563 Detail]
Download: Texas-2023-SB2563-Introduced.html
By: Middleton | S.B. No. 2563 | |
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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 [ |
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(a) Notwithstanding any other law, evidence that is otherwise | ||
admissible may not be excluded as evidence against a defendant on | ||
the basis that the [ |
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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.[ |
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(b) Notwithstanding any other law, the attorney | ||
representing the state is entitled to an interlocutory appeal under | ||
Article 38.24 of an order under [ |
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(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. |