BILL ANALYSIS C.S.H.B. 941 By: Stiles 3-28-95 Committee Report (Substituted) BACKGROUND Article 24.04 of the Code of Criminal Procedure requires subpoenas for criminal proceedings to be served by reading the subpoena to the witness or by delivering a copy to the witness. Personal delivery can be costly and time-consuming for law enforcement personnel. While, the federal government allows for the delivery of civil subpoenas by certified mail, Texas law requires civil subpoenas to be delivered by constables. PURPOSE If enacted, C.S.H.B. 941 would allow for the delivery of criminal subpoenas by certified mail, return receipt requested, to the last known address of the witness. 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 24.04, Code of Criminal Procedure (SERVICE AND RETURN OF SUBPOENA), as follows: (a) allows the serving of a subpoena by certified mail, return receipt requested, to the last known address of the witness unless: (A) the applicant for the subpoena requests in writing that the subpoena not be served by certified mail; or (B) the proceeding for which the witness is being subpoenaed is set to begin within seven business days after the date the subpoena would be mailed. (b) requires the officer to show the time and date the subpoena was delivered if read or delivered; or the return receipt if served by certified mail; requires the officer to use due diligence to locate and serve the witness if a mailed subpoena is returned undelivered. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF SUBSTITUTE TO ORIGINAL SECTION 1. Amends Article 24.04, Code of Criminal Procedure (SERVICE AND RETURN OF SUBPOENA), by adding Subsection (a)(3)(A) and (a)(3)(B) as follows: allows an applicant not to receive the subpoena by certified mail if (A) he or she makes a request in writing to that effect; or (B) the proceeding for which the witness is being subpoenaed is set to begin within seven business days after the date the subpoena would be mailed. SUMMARY OF COMMITTEE ACTION H.B. 941 was considered in a public hearing on March 13, 1995. The following person testified in favor of the bill: Lon Curtis, representing the Texas District and County Attorneys Association (TDCAA). The following person testified on the bill: Sheriff Dan Smith, representing the Sheriff's Association Legislative Committee. HB 941 was left pending in committee. On March 28, 1995, HB 941 was considered in a formal meeting. The committee considered a complete substitute for HB 941. The substitute was adopted without objection by a non-record vote. HB 941 was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, and 1 absent.