By: West S.B. No. 354
(In the Senate - Filed February 4, 2013; February 11, 2013,
read first time and referred to Committee on Criminal Justice;
March 20, 2013, reported favorably by the following vote: Yeas 5,
Nays 0; March 20, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to permitting electronic delivery of certain documents in
a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 3, Article 11.07, Code
of Criminal Procedure, is amended to read as follows:
(b) An application for writ of habeas corpus filed after
final conviction in a felony case, other than a case in which the
death penalty is imposed, must be filed with the clerk of the court
in which the conviction being challenged was obtained, and the
clerk shall assign the application to that court. When the
application is received by that court, a writ of habeas corpus,
returnable to the Court of Criminal Appeals, shall issue by
operation of law. The clerk of that court shall make appropriate
notation thereof, assign to the case a file number (ancillary to
that of the conviction being challenged), and forward a copy of the
application by certified mail, return receipt requested, by secure
electronic mail, or by personal service to the attorney
representing the state in that court, who shall answer the
application not later than the 15th day after the date the copy of
the application is received. Matters alleged in the application
not admitted by the state are deemed denied.
SECTION 2. Subsection (c), Section 6, Article 11.071, Code
of Criminal Procedure, is amended to read as follows:
(c) The clerk of the convicting court shall:
(1) make an appropriate notation that a writ of habeas
corpus was issued;
(2) assign to the case a file number that is ancillary
to that of the conviction being challenged; and
(3) send a copy of the application by certified mail,
return receipt requested, or by secure electronic mail to the
attorney representing the state in that court.
SECTION 3. Subsection (b), Section 7, Article 11.072, Code
of Criminal Procedure, is amended to read as follows:
(b) At the time an order is entered under this section, the
clerk of the court shall immediately, by certified mail, return
receipt requested, or by secure electronic mail, send a copy of the
order to the applicant and to the state.
SECTION 4. Section 4, Article 38.41, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. Not later than the 20th day before the trial begins
in a proceeding in which a certificate of analysis under this
article is to be introduced, the certificate must be filed with the
clerk of the court and a copy must be provided by fax, secure
electronic mail, hand delivery, or certified mail, return receipt
requested, to the opposing party. The certificate is not
admissible under Section 1 if, not later than the 10th day before
the trial begins, the opposing party files a written objection to
the use of the certificate with the clerk of the court and provides
a copy of the objection by fax, secure electronic mail, hand
delivery, or certified mail, return receipt requested, to the
offering party.
SECTION 5. Section 4, Article 38.42, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. Not later than the 20th day before the trial begins
in a proceeding in which a chain of custody affidavit under this
article is to be introduced, the affidavit must be filed with the
clerk of the court and a copy must be provided by fax, secure
electronic mail, hand delivery, or certified mail, return receipt
requested, to the opposing party. The affidavit is not admissible
under Section 1 if, not later than the 10th day before the trial
begins, the opposing party files a written objection to the use of
the affidavit with the clerk of the court and provides a copy of the
objection by fax, secure electronic mail, hand delivery, or
certified mail, return receipt requested, to the offering party.
SECTION 6. The changes in law made by this Act apply only to
a legal document delivered, filed, or served on or after the
effective date of this Act. A legal document delivered, filed, or
served before the effective date of this Act is governed by the law
in effect before the effective date of this Act, and the former law
is continued in effect for that purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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