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   1-21  repealed.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.