BILL ANALYSIS



H.B. 525
By: De La Garza
3-6-95
Committee Report (Unamended)


BACKGROUND

When an incarcerated person petitions for a writ of habeas corpus,
he is required under Article 11.14, Code of Criminal Procedure, to
have a copy of the writ, order or process by virtue of which the
person is being confined, annexed to the petition.  Under Article
11.62, Code of Criminal Procedure, any jailer, sheriff or other
officer who has a prisoner in his custody and does not furnish a
copy of the process under which he holds the person, commits an
offense. 

Often the wait for a copy of the process delays the petition,
resulting in the prisoner's staying in custody longer and being
denied his right to freedom.  If all parties have not complied with
Article 11.14, the application may be dismissed on a technicality. 
Delays by peace officers are usually unintentional, but a heavy
amount of paperwork can place them at risk of violating the law if
they do not furnish copies of the writ or order promptly.  In view
of the fact that Article 11.14 requires the application be signed
under oath by the confined applicant, the requirement of a copy of
the order may be an unnecessary expense.

PURPOSE

If enacted, H.B. 525 would remove the requirement that a petition
for writ of habeas corpus include a statement regarding the
noninclusion of the writ and make the attachment of the writ, order
or process optional.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 11.14, Code of Criminal Procedure, by
making optional the attachment of the writ, order or process by
virtue of which a person is confined or restrained, in a petition
for a writ of habeas corpus. 

SECTION 2.  Change in law made by this Act applies only to a
petition for writ of habeas corpus presented on or after the
effective date. 

SECTION 3.  Emergency Clause.  Effective date:  upon passage.



SUMMARY OF COMMITTEE ACTION

H.B. 525 was considered in a public hearing on March 6, 1995. 
There was no testimony on the bill.  On March 6, 1995, H.B. 525 was
reported favorably without amendment, with the recommendation that
it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0
pnv, and 3 absent.