By Pickett H.B. No. 1620
75R4962 KEL-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to depositions taken in a criminal action.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 39.02, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 39.02. DEPOSITIONS [FOR DEFENDANT]. The defendant or
1-7 the state may take a deposition of a witness if it reasonably
1-8 appears that the witness will be unavailable for trial
1-9 [Depositions of witnesses may be taken by the defendant]. When the
1-10 defendant or the state desires to take the deposition of a
1-11 witness, the party desiring the deposition [he] shall [, by himself
1-12 or counsel,] file with the clerk of the court in which the case is
1-13 pending an affidavit stating the facts necessary to constitute a
1-14 good reason for taking the deposition [same], including facts
1-15 supporting the unavailability of the witness, and an application to
1-16 take the deposition [same]. On [Provided that upon] the filing of
1-17 that [such] application, and after notice to the other party [the
1-18 attorney for the state], the court [courts] shall hear the
1-19 application, [and] determine if good reason exists for taking the
1-20 deposition, and include in that determination a finding on the
1-21 record of whether it reasonably appears that the witness will be
1-22 unavailable for trial. The [Such] determination shall be based on
1-23 the facts made known at the hearing and the court, in its judgment,
1-24 shall grant or deny the application on those [such] facts.
2-1 SECTION 2. This Act takes effect September 1, 1997. The
2-2 change in law made by this Act applies only to an application for a
2-3 deposition and proceedings related to a deposition in a criminal
2-4 case in which the information is filed or the indictment is
2-5 returned on or after September 1, 1997. An application for a
2-6 deposition and proceedings related to a deposition in a criminal
2-7 case in which the information is filed or the indictment is
2-8 returned before September 1, 1997, is covered by the law in effect
2-9 when the application was made, and the former law is continued in
2-10 effect for that purpose.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.