HBA-AMW H.B. 2352 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2352
By: Hinojosa
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

A 1999 drug bust in Tulia, Texas led to the arrest of about 10 percent of
the town's African-American residents based on the testimony of one
undercover officer.  The officer is under investigation by the United
States Department of Justice and concerns have been raised regarding
evidence relating to the officer that was excluded by the judge from the
trial.  Under Texas Rule of Criminal Evidence 403, judges are granted broad
discretion in determining which evidence to exclude from a trial.  House
Bill 2352 limits the authority of a judge to exclude evidence which proves
or tends to prove that the accused is innocent of the offense for which the
accused is charged. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2352 amends the Code of Criminal Procedure to provide that
evidence which proves or tends to prove that the accused is innocent of the
offense for which the accused is charged is relevant and requires that the
evidence not be excluded on the basis that such evidence prejudices the
state's case. 

EFFECTIVE DATE

September 1, 2001.