Bill Text: TX HB3220 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to a presumption regarding certain evidence of a prior conviction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-16 - Left pending in committee [HB3220 Detail]

Download: Texas-2013-HB3220-Introduced.html
 
 
  By: Springer H.B. No. 3220
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
         relating to a presumption regarding certain evidence of a
  prior conviction.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Code of Criminal Procedure, is
  amended by adding Article 38.48 to read as follows:
               Art. 38.48.  PRESUMPTION OF PRIOR CONVICTION.
               Sec. 1.  The admission into evidence of a
  self-authenticating document relating to a prior conviction that
  complies with this article creates a presumption establishing the
  existence of that prior conviction for the person named in the
  self-authenticating document without the necessity of supporting
  testimony.
               Sec. 2.  Not later than the 20th day before the trial
  begins in a proceeding in which a prior conviction is to be
  introduced, the self-authenticating document must be filed with the
  clerk of the court and a copy must be provided by fax, hand
  delivery, secure electronic transmission, or certified mail,
  return receipt requested, to the opposing party.
               The presumption established under Section 1 does not or
  certified mail, return receipt requested, to the offering party.  A
  sworn written objection submitted under this section must state
  that the defendant or witness is not the person named in the
  self-authenticating document or identify another error that makes
  the document inadmissible in or inapplicable to the proceeding in
  which it is filed.
               Sec. 3.  This article does not limit the right of a
  party to summon a witness or to introduce admissible evidence
  relevant to the prior conviction.
               SECTION 2.  This Act takes effect September 1, 2013.
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