BILL ANALYSIS


                                                         H.B. 941
                                                By: Stiles (West)
                                                 Criminal Justice
                                                          5-12-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, a service of a subpoena for criminal proceedings
requires the reading of the subpoena to the witness or by
delivering a copy to the witness.  Personal delivery is both costly
and time-consuming for law enforcement personnel.  

Federal law allows for the delivery of civil subpoenas by certified
mail.  Texas law requires civil subpoenas to be delivered by
constables.

PURPOSE

As proposed, H.B. 941 authorizes 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 24.04, Code of Criminal Procedure, as
follows:

     Art. 24.04.  SERVICE AND RETURN OF SUBPOENA.  (a)  Sets forth
     the procedure for serving a subpoena.
     
     (b)  Requires the officer having the subpoena to make due
       return thereof, showing the time and manner of service, if
       served under Subsection (a)(1) or (2) of this article, or
       the return receipt, if served under Subsection (a)(3) of
       this article.  Requires the officer to show in the officer's
       return the cause of the officer's failure to serve it if the
       subpoena is not served.  Requires the officer to use due
       diligence to locate and serve the witness.  Makes a
       conforming change.
       
SECTION 2. Emergency clause.
           Effective date: upon passage.