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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of certain oaths and the taking of |
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sworn complaints made in criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.06, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.06. DISTRICT AND COUNTY ATTORNEYS MAY ADMINISTER |
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CERTAIN OATHS. (a) In this article, "electronic broadcast system" |
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has the meaning assigned by Article 15.03. |
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(b) For the purposes of this chapter and Chapters 1, 15, and |
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21, a [purpose mentioned in the two preceding Articles,] district |
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or [and] county attorney is [attorneys are] authorized to |
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administer an oath [oaths]. |
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(c) A district or county attorney may administer an oath as |
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authorized by this article either in person or through an |
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electronic broadcast system. |
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SECTION 2. Chapter 15, Code of Criminal Procedure, is |
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amended by adding Article 15.052 to read as follows: |
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Art. 15.052. SWEARING OF COMPLAINTS. (a) In this article, |
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"electronic broadcast system" has the meaning assigned by Article |
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15.03. |
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(b) An affiant may swear to a complaint before: |
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(1) a magistrate, district attorney, or county |
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attorney in person or through an electronic broadcast system; or |
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(2) another person authorized to take oaths under |
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Section 602.002, Government Code, in person. |
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SECTION 3. Article 21.22, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 21.22. INFORMATION BASED UPON COMPLAINT. An [No] |
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information may not [shall] be presented until affidavit has been |
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made by some credible person charging the defendant with an |
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offense. The affidavit shall be filed with the information. It may |
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be sworn to before the district or county attorney [who, for that |
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purpose, shall have power to administer the oath,] or [it may be |
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made before] any other officer authorized by law to administer |
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oaths pursuant to Article 15.052. |
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SECTION 4. The changes in law made by this Act apply only to |
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an oath sworn to on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |