Bill Text: TX HB996 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to permitting electronic delivery of certain documents in a criminal case.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-05-06 - Laid on the table subject to call [HB996 Detail]
Download: Texas-2013-HB996-Introduced.html
| 83R5423 ADM-D | ||
| By: Giddings | H.B. No. 996 | |
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| 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. Section 3(b), 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. Section 6(c), 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. Section 7(b), 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. | ||
