1-1 By: Naishtat, Combs (Senate Sponsor - Shapiro) H.B. No. 2662
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on Criminal
1-4 Justice; May 22, 1995, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; May 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the form of a person's name in an indictment.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Article 21.07, Code of Criminal Procedure, is
1-11 amended to read as follows:
1-12 Art. 21.07. ALLEGATION OF NAME. In alleging the name of the
1-13 defendant, or of any other person necessary to be stated in the
1-14 indictment, it shall be sufficient to state one or more of the
1-15 initials of the given <Christian> name and the surname. When a
1-16 person is known by two or more names, it shall be sufficient to
1-17 state either name. When the name of the person is unknown to the
1-18 grand jury, that fact shall be stated, and if it be the accused, a
1-19 reasonably accurate description of him shall be given in the
1-20 indictment.
1-21 SECTION 2. (a) The change in law made by this Act applies
1-22 only to an indictment for an offense committed on or after the
1-23 effective date of this Act. For purposes of this section, an
1-24 offense is committed before the effective date of this Act if any
1-25 element of the offense occurs before that date.
1-26 (b) An indictment for an offense committed before the
1-27 effective date of this Act is governed by the law in effect when
1-28 the offense was committed, and the former law is continued in
1-29 effect for this purpose.
1-30 SECTION 3. This Act takes effect September 1, 1995.
1-31 SECTION 4. The importance of this legislation and the
1-32 crowded condition of the calendars in both houses create an
1-33 emergency and an imperative public necessity that the
1-34 constitutional rule requiring bills to be read on three several
1-35 days in each house be suspended, and this rule is hereby suspended.
1-36 * * * * *