AEZ S.B. 857 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 857
By: Shapleigh (Pickett)
5-14-97
Committee Report (Amended)


BACKGROUND 

Currently, Texas law requires that subpoena applications in criminal cases
be in writing, sworn to, and filed with the other papers in the case.
With the availability of extensive technology, this practice has created a
bottleneck.  Most counties throughout Texas are currently using computer
technology to speed along the judicial process and make it more cost
effective to taxpayers.  This bill will authorize the filing of subpoena
applications either in writing or by electronic means, and delete the
requirements that filings be sworn to and that a paper copy of the
application be placed with the other papers in the case. 

PURPOSE

As proposed, S.B. 857 authorizes the filing of subpoena applications
either in writing or by electronic means, and deletes the requirements
that filings be sworn to and that a paper 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 Article 24.03(a), Code of Criminal Procedure, to require
a defendant or the state's attorney to make an application in writing or
by electronic means to the clerk of the court before the clerk or his
deputy shall be required or permitted to issue a subpoena in any felony
case pending in any district or criminal district court of this state.
Deletes a requirement that the application be placed with the papers in
the cause.  Makes a conforming and nonsubstantive change. 

SECTION 2. Emergency clause.
  Effective date: upon passage. 



EXPLANATION OF AMENDMENTS

The amendment adds a new section to Chapter 30, Civil Practice and
Remedies Code, Electronic Subpoena Application to allow for an application
for issuance of a subpoena by electronic means. The amendment also states
that this section may not be modified or repealed by a rule adopted by the
supreme court notwithstanding Section 22.004 Government Code, Rules of
Procedure.