AEZ C.S.H.B. 2431 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 2431
By: Kamel
5-1-97
Committee Report (Substituted)



BACKGROUND 

District Clerks have various duties in criminal procedure assigned by
several articles of the Code of Criminal Procedure and the Election Code.

PURPOSE

CSHB 2341 would make changes to the Code of Criminal Procedure with
regards to court records and clarify a court clerk's duties in a criminal
proceeding.  

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 Article 11.07, Code of Criminal Procedure, to provide
that an application for writ of habeas corpus after a final conviction in
a felony case, other than a case in which the death penalty is imposed,
must be filed with the clerk of the court in which the conviction being
challenged was obtained.  Also provides that the clerk shall assign to
that court the application by certified mail, return receipt requested or
by personal service to the attorney representing the state in that court
who shall answer the application no later than the 15th day after the date
the application is received. 

SECTION 2. Amends Article 20.22, Code of Criminal Procedure, to eliminate
the requirement that a defendant's name be omitted from the indictment
that is entered upon the minutes of the court. 

SECTION 3.Amends Article 42.12, Code of Criminal Procedure,  Deferred
Adjudication; Community Supervision, by adding a new section (e) that
states a record in custody of the court clerk is confidential in a
deferred adjudication case only if the record has been sealed by a court
order or expunged under Article 55.01. 

SECTION 4.Amends Article 59.06 Code of Criminal Procedure, Disposition of
forfeited property,  by amending subsection (c) to state that if a local
agreement exists, the items of value shall be deposited into the funds
after the clerk of the court deducts court costs due to the clerk
attributable to the clerk's duties. 
 
SECTION 5.Amends Section 16.003, Election Code, to provide that the
Department of Public Safety shall prepare an abstract of each felony
conviction for which information is maintained in the department's
database under Chapter 60, Code of Criminal Procedure.  Also provides that
the Department of Public Safety and the institutional division of the
Texas Department of Criminal Justice shall establish a periodic interval
in which to prepare the abstracts and provide the voter registrar of the
person's county of residence with an abstract of information within a
reasonable amount of time and within guidelines set out by each agency. 
 
SECTION 6.The change in law made by this act to Article 11.07, Code of
Criminal Procedure, applies only to an application for writ of habeas
corpus filed on or after the effective date of this Act.  The change in
law made by this act to Article 20.22 and 59.06, Code of Criminal
Procedure apply only to a criminal or forfeiture proceeding commenced on
or after the effective date of this Act.  The Department of Public Safety
and the institutional division of the Texas Department of Criminal Justice
shall take action as necessary to comply with Section 16.003, Election
Code. 

SECTION 7.  Effective date:  September 1, 1997.

SECTION 8.  Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill  stated that the writ of habeas corpus after a final
conviction in a felony case shall be filed with the clerk of the court,
the substitute says it must be filed. The original bill said that the
clerk shall have 15 days from the date of receipt to answer the
application, the substitute states that the court shall answer the
application not later than the 15th day after the application is received. 

The original bill amended Article 42.01, Code of Criminal Procedure,
Judgment.  The substitute does not.   The original bill amended Article
42.12, Code of Criminal Procedure, subsection (h), the substitute does
not.  The original bill amended Article 59.04, Code of Criminal Procedure,
to provide that all court costs due the district clerk shall be paid from
the proceeds of the final judgement if money is forfeited and if the
property is disposed under Article 59.06.  The substitute amended Article
59.06 to include after the clerk of the court deducts court courts due to
the clerk that are properly attributable to the clerk's duties in the
case.