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.