By Hilbert H.B. No. 3088
74R4507 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the taking of depositions by a defendant in a criminal
1-3 proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 39.02, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 39.02. DEPOSITIONS FOR DEFENDANT. A defendant in a
1-8 criminal action is entitled to take the deposition of a witness as
1-9 provided by Article 39.04 <Depositions of witnesses may be taken by
1-10 the defendant. When the defendant desires to take the deposition
1-11 of a witness, he shall, by himself or counsel, file with the clerk
1-12 of the court in which the case is pending an affidavit stating the
1-13 facts necessary to constitute a good reason for taking the same,
1-14 and an application to take the same. Provided that upon the filing
1-15 of such application, and after notice to the attorney for the
1-16 state, the courts shall hear the application and determine if good
1-17 reason exists for taking the deposition. Such determination shall
1-18 be based on the facts made known at the hearing and the court, in
1-19 its judgment, shall grant or deny the application on such facts>.
1-20 SECTION 2. Article 39.03, Code of Criminal Procedure, is
1-21 repealed.
1-22 SECTION 3. This Act takes effect September 1, 1995.
1-23 SECTION 4. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.