By: Springer H.B. No. 3220
A BILL TO BE ENTITLED
AN ACT
relating to a presumption regarding certain evidence of a
prior conviction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.48 to read as follows:
Art. 38.48. PRESUMPTION OF PRIOR CONVICTION.
Sec. 1. The admission into evidence of a
self-authenticating document relating to a prior conviction that
complies with this article creates a presumption establishing the
existence of that prior conviction for the person named in the
self-authenticating document without the necessity of supporting
testimony.
Sec. 2. Not later than the 20th day before the trial
begins in a proceeding in which a prior conviction is to be
introduced, the self-authenticating document must be filed with the
clerk of the court and a copy must be provided by fax, hand
delivery, secure electronic transmission, or certified mail,
return receipt requested, to the opposing party.
The presumption established under Section 1 does not or
certified mail, return receipt requested, to the offering party. A
sworn written objection submitted under this section must state
that the defendant or witness is not the person named in the
self-authenticating document or identify another error that makes
the document inadmissible in or inapplicable to the proceeding in
which it is filed.
Sec. 3. This article does not limit the right of a
party to summon a witness or to introduce admissible evidence
relevant to the prior conviction.
SECTION 2. This Act takes effect September 1, 2013.