Texas 2013 - 83rd Regular

Texas House Bill HB996 Compare Versions

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Old	New	Differences
1	1	83R5423 ADM-D
2	2	By: Giddings H.B. No. 996
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to permitting electronic delivery of certain documents in
8	8	a criminal case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 3(b), Article 11.07, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(b) An application for writ of habeas corpus filed after
13	13	final conviction in a felony case, other than a case in which the
14	14	death penalty is imposed, must be filed with the clerk of the court
15	15	in which the conviction being challenged was obtained, and the
16	16	clerk shall assign the application to that court. When the
17	17	application is received by that court, a writ of habeas corpus,
18	18	returnable to the Court of Criminal Appeals, shall issue by
19	19	operation of law. The clerk of that court shall make appropriate
20	20	notation thereof, assign to the case a file number (ancillary to
21	21	that of the conviction being challenged), and forward a copy of the
22	22	application by certified mail, return receipt requested, by secure
23	23	electronic mail, or by personal service to the attorney
24	24	representing the state in that court, who shall answer the
25	25	application not later than the 15th day after the date the copy of
26	26	the application is received. Matters alleged in the application
27	27	not admitted by the state are deemed denied.
28	28	SECTION 2. Section 6(c), Article 11.071, Code of Criminal
29	29	Procedure, is amended to read as follows:
30	30	(c) The clerk of the convicting court shall:
31	31	(1) make an appropriate notation that a writ of habeas
32	32	corpus was issued;
33	33	(2) assign to the case a file number that is ancillary
34	34	to that of the conviction being challenged; and
35	35	(3) send a copy of the application by certified mail,
36	36	return receipt requested, or by secure electronic mail to the
37	37	attorney representing the state in that court.
38	38	SECTION 3. Section 7(b), Article 11.072, Code of Criminal
39	39	Procedure, is amended to read as follows:
40	40	(b) At the time an order is entered under this section, the
41	41	clerk of the court shall immediately, by certified mail, return
42	42	receipt requested, or by secure electronic mail, send a copy of the
43	43	order to the applicant and to the state.
44	44	SECTION 4. Section 4, Article 38.41, Code of Criminal
45	45	Procedure, is amended to read as follows:
46	46	Sec. 4. Not later than the 20th day before the trial begins
47	47	in a proceeding in which a certificate of analysis under this
48	48	article is to be introduced, the certificate must be filed with the
49	49	clerk of the court and a copy must be provided by fax, secure
50	50	electronic mail, hand delivery, or certified mail, return receipt
51	51	requested, to the opposing party. The certificate is not
52	52	admissible under Section 1 if, not later than the 10th day before
53	53	the trial begins, the opposing party files a written objection to
54	54	the use of the certificate with the clerk of the court and provides
55	55	a copy of the objection by fax, secure electronic mail, hand
56	56	delivery, or certified mail, return receipt requested, to the
57	57	offering party.
58	58	SECTION 5. Section 4, Article 38.42, Code of Criminal
59	59	Procedure, is amended to read as follows:
60	60	Sec. 4. Not later than the 20th day before the trial begins
61	61	in a proceeding in which a chain of custody affidavit under this
62	62	article is to be introduced, the affidavit must be filed with the
63	63	clerk of the court and a copy must be provided by fax, secure
64	64	electronic mail, hand delivery, or certified mail, return receipt
65	65	requested, to the opposing party. The affidavit is not admissible
66	66	under Section 1 if, not later than the 10th day before the trial
67	67	begins, the opposing party files a written objection to the use of
68	68	the affidavit with the clerk of the court and provides a copy of the
69	69	objection by fax, secure electronic mail, hand delivery, or
70	70	certified mail, return receipt requested, to the offering party.
71	71	SECTION 6. The changes in law made by this Act apply only to
72	72	a legal document delivered, filed, or served on or after the
73	73	effective date of this Act. A legal document delivered, filed, or
74	74	served before the effective date of this Act is governed by the law
75	75	in effect before the effective date of this Act, and the former law
76	76	is continued in effect for that purpose.
77	77	SECTION 7. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2013.