| 1 | 1 | | 85R1870 JRR-D |
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| 2 | 2 | | By: Springer H.B. No. 1820 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a presumption regarding certain evidence of a prior |
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| 8 | 8 | | conviction in a criminal proceeding. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 38.51 to read as follows: |
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| 12 | 12 | | Art. 38.51. PRESUMPTION OF PRIOR CONVICTION. (a) This |
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| 13 | 13 | | article applies to a document that relates to a prior conviction and |
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| 14 | 14 | | is self-authenticating under Rule 902(1), (2), or (4), Texas Rules |
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| 15 | 15 | | of Evidence. |
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| 16 | 16 | | (b) Except as provided by Subsection (d), the admission of a |
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| 17 | 17 | | document described by Subsection (a) into evidence in compliance |
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| 18 | 18 | | with this article creates a presumption establishing the existence |
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| 19 | 19 | | of that prior conviction for the person named in the document |
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| 20 | 20 | | without the necessity of supporting testimony. |
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| 21 | 21 | | (c) For purposes of establishing a presumption under |
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| 22 | 22 | | Subsection (b), not later than the 30th day before the date any |
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| 23 | 23 | | trial in the case begins: |
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| 24 | 24 | | (1) a document described by Subsection (a) must be |
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| 25 | 25 | | filed with the clerk of the court; and |
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| 26 | 26 | | (2) a copy of the document described by Subsection (a) |
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| 27 | 27 | | must be provided by fax, hand delivery, secure electronic |
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| 28 | 28 | | transmission, or certified mail, return receipt requested, to the |
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| 29 | 29 | | opposing party. |
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| 30 | 30 | | (d) The presumption established under Subsection (b) does |
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| 31 | 31 | | not apply if, not later than the 10th day before the date any trial |
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| 32 | 32 | | in the case begins, the opposing party: |
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| 33 | 33 | | (1) files with the clerk of the court a sworn written |
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| 34 | 34 | | objection to the document described by Subsection (a); and |
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| 35 | 35 | | (2) provides a copy of the objection under Subdivision |
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| 36 | 36 | | (1) by fax, hand delivery, secure electronic transmission, or |
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| 37 | 37 | | certified mail, return receipt requested, to the offering party. |
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| 38 | 38 | | (e) A sworn written objection submitted under Subsection |
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| 39 | 39 | | (d) must state that the defendant or witness is not the person named |
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| 40 | 40 | | in the document or must identify another error that makes the |
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| 41 | 41 | | document inapplicable to or otherwise inadmissible in the |
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| 42 | 42 | | proceeding in which the document is offered. |
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| 43 | 43 | | (f) This article does not limit the right of a party to |
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| 44 | 44 | | summon a witness or to introduce other admissible evidence relevant |
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| 45 | 45 | | to the prior conviction. |
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| 46 | 46 | | SECTION 2. Article 38.51, Code of Criminal Procedure, as |
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| 47 | 47 | | added by this Act, applies only to a trial that begins on or after |
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| 48 | 48 | | the effective date of this Act, regardless of whether the alleged |
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| 49 | 49 | | offense was committed before, on, or after that date. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2017. |
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