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.