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