| 1 | 1 | | 88R14264 TSS-F |
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| 2 | 2 | | By: Frazier H.B. No. 3425 |
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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 the administration of certain oaths and the taking of |
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| 8 | 8 | | sworn complaints made in criminal cases. |
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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. Article 2.06, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 2.06. DISTRICT AND COUNTY ATTORNEYS MAY ADMINISTER |
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| 13 | 13 | | CERTAIN OATHS. (a) In this article, "electronic broadcast system" |
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| 14 | 14 | | has the meaning assigned by Article 15.03. |
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| 15 | 15 | | (b) For the purposes of this chapter and Chapters 1, 15, and |
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| 16 | 16 | | 21, a [purpose mentioned in the two preceding Articles,] district |
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| 17 | 17 | | or [and] county attorney is [attorneys are] authorized to |
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| 18 | 18 | | administer an oath [oaths]. |
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| 19 | 19 | | (c) A district or county attorney may administer an oath as |
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| 20 | 20 | | authorized by this article either in person or through an |
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| 21 | 21 | | electronic broadcast system. |
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| 22 | 22 | | SECTION 2. Chapter 15, Code of Criminal Procedure, is |
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| 23 | 23 | | amended by adding Article 15.052 to read as follows: |
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| 24 | 24 | | Art. 15.052. SWEARING OF COMPLAINTS. (a) In this article, |
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| 25 | 25 | | "electronic broadcast system" has the meaning assigned by Article |
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| 26 | 26 | | 15.03. |
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| 27 | 27 | | (b) An affiant may swear to a complaint before: |
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| 28 | 28 | | (1) a magistrate, district attorney, or county |
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| 29 | 29 | | attorney in person or through an electronic broadcast system; or |
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| 30 | 30 | | (2) another person authorized to take oaths under |
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| 31 | 31 | | Section 602.002, Government Code, in person. |
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| 32 | 32 | | SECTION 3. Article 21.22, Code of Criminal Procedure, is |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | Art. 21.22. INFORMATION BASED UPON COMPLAINT. An [No] |
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| 35 | 35 | | information may not [shall] be presented until affidavit has been |
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| 36 | 36 | | made by some credible person charging the defendant with an |
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| 37 | 37 | | offense. The affidavit shall be filed with the information. It may |
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| 38 | 38 | | be sworn to before the district or county attorney [who, for that |
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| 39 | 39 | | purpose, shall have power to administer the oath,] or [it may be |
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| 40 | 40 | | made before] any other officer authorized by law to administer |
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| 41 | 41 | | oaths pursuant to Article 15.052. |
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| 42 | 42 | | SECTION 4. The changes in law made by this Act apply only to |
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| 43 | 43 | | an oath sworn to on or after the effective date of this Act. |
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| 44 | 44 | | SECTION 5. This Act takes effect September 1, 2023. |
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