AEZ H.B. 1619 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 1619
By: Pickett
4-9-97
Committee Report (Unamended)



BACKGROUND 

Currently, the Code of Criminal Procedure states that subpoena
applications in criminal cases are to be in writing, sworn to, and filed
with the other papers in the case.    

PURPOSE

HB 1619, as proposed, would allow for the filing of a subpoena application
either in writing or by electronic means.  This bill would eliminate the
requirement that the application be sworn to and the requirement that a
hard copy of the application be placed with the other papers in the case. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 24.03(a), Code of Criminal Procedure, Subpoena
and application therefor, as follows: 

(1)  deletes the requirement that a subpoena application be written and
sworn to; 

(2)  provides that a subpoena application may be submitted in writing or
by electronic means; and 

(3)  deleted the requirement that the application be "placed with the
papers in the cause." 

SECTION 2.  Emergency Clause.