By Kamel H.B. No. 2431
75R13694 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties of a court clerk with respect to certain
1-3 criminal matters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3(b), Article 11.07, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (b) An [Whenever an] application for writ of habeas corpus
1-8 [is] filed after final conviction in a felony case, other than a
1-9 case in which the death penalty is imposed, must be filed with the
1-10 clerk of the court in which the conviction being challenged was
1-11 obtained, and the clerk shall [transfer or] assign the application
1-12 [it] to that [the] court [in which the conviction being challenged
1-13 was obtained]. When the application is received by that court, a
1-14 writ of habeas corpus, returnable to the Court of Criminal Appeals,
1-15 shall issue by operation of law. The clerk of that court shall
1-16 make appropriate notation thereof, assign to the case a file number
1-17 (ancillary to that of the conviction being challenged), and forward
1-18 [send] a copy of the application by certified mail, return receipt
1-19 requested, or by personal service to the attorney representing the
1-20 state in that court, who shall [have 15 days in which it may]
1-21 answer the application not later than the 15th day after the date
1-22 the copy of the application is received. Matters alleged in the
1-23 application not admitted by the state are deemed denied.
1-24 SECTION 2. Article 20.22, Code of Criminal Procedure, is
2-1 amended to read as follows:
2-2 Art. 20.22. PRESENTMENT ENTERED OF RECORD. The fact of a
2-3 presentment of indictment by a grand jury shall be entered upon the
2-4 minutes of the court, noting briefly the style of the criminal
2-5 action and the file number of the indictment[, but omitting the
2-6 name of the defendant, unless he is in custody or under bond].
2-7 SECTION 3. Section 5, Article 42.12, Code of Criminal
2-8 Procedure, is amended by adding Subsection (e) to read as follows:
2-9 (e) A record in the custody of the court clerk regarding a
2-10 case in which a person is granted deferred adjudication is
2-11 confidential only if the record has been sealed by court order or
2-12 expunged under Article 55.01.
2-13 SECTION 4. Sections 13(h) and (j), Article 42.12, Code of
2-14 Criminal Procedure, are amended to read as follows:
2-15 (h) If a person convicted of an offense under Sections
2-16 49.04-49.08, Penal Code is placed on community supervision, the
2-17 judge shall require, as a condition of the community supervision,
2-18 that the defendant attend and successfully complete before the
2-19 181st day after the day community supervision is granted an
2-20 educational program jointly approved by the Texas Commission on
2-21 Alcohol and Drug Abuse, the Department of Public Safety, the
2-22 Traffic Safety Section of the Texas Department of Transportation,
2-23 and the community justice assistance division of the Texas
2-24 Department of Criminal Justice designed to rehabilitate persons who
2-25 have driven while intoxicated. The Texas Commission on Alcohol and
2-26 Drug Abuse shall publish the jointly approved rules and shall
2-27 monitor, coordinate, and provide training to persons providing the
3-1 educational programs. The Texas Commission on Alcohol and Drug
3-2 Abuse is responsible for the administration of the certification of
3-3 approved educational programs and may charge a nonrefundable
3-4 application fee for the initial certification of approval and for
3-5 renewal of a certificate. The judge may waive the educational
3-6 program requirement or may grant an extension of time to
3-7 successfully complete the program that expires not later than one
3-8 year after the beginning date of the person's probation, however,
3-9 if the defendant by a motion in writing shows good cause. In
3-10 determining good cause, the judge may consider but is not limited
3-11 to: the defendant's school and work schedule, the defendant's
3-12 health, the distance that the defendant must travel to attend an
3-13 educational program, and the fact that the defendant resides out of
3-14 state, has no valid driver's license, or does not have access to
3-15 transportation. The judge shall set out the finding of good cause
3-16 for waiver in the judgment. If a defendant is required, as a
3-17 condition of community supervision, to attend an educational
3-18 program or if the court waives the educational program requirement,
3-19 the court clerk shall immediately report that fact to the
3-20 Department of Public Safety, on a form prescribed by the
3-21 department, for inclusion in the person's driving record. If the
3-22 court grants an extension of time in which the person may complete
3-23 the program, the court clerk shall immediately report that fact to
3-24 the Department of Public Safety on a form prescribed by the
3-25 department. The report must include the beginning date of the
3-26 person's community supervision. Upon the successful completion of
3-27 the educational program, the person's instructor [person] shall
4-1 give notice to the Department of Public Safety for inclusion in the
4-2 person's driving record and to the community supervision and
4-3 corrections department. The community supervision and corrections
4-4 department shall then forward the notice to the court clerk for
4-5 filing. [The court clerk shall then report the date of successful
4-6 completion of the educational program to the Department of Public
4-7 Safety for inclusion in the defendant's driving record.] If the
4-8 Department of Public Safety [department] does not receive notice
4-9 that a defendant required to complete an educational program has
4-10 successfully completed the program within the period required by
4-11 this section, as shown on department records, the department shall
4-12 revoke the defendant's driver's license, permit, or privilege or
4-13 prohibit the person from obtaining a license or permit, as provided
4-14 by Section 521.344, Transportation Code [24(g)(2), Chapter 173,
4-15 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
4-16 Vernon's Texas Civil Statutes)]. The Department of Public Safety
4-17 [department] may not reinstate a license suspended under this
4-18 subsection unless the person whose license was suspended makes
4-19 application to the department for reinstatement of the person's
4-20 license and pays to the department a reinstatement fee of $50. The
4-21 Department of Public Safety [department] shall remit all fees
4-22 collected under this subsection to the comptroller for deposit in
4-23 the general revenue fund. This subsection does not apply to a
4-24 defendant if a jury recommends community supervision for the
4-25 defendant and also recommends that the defendant's driver's license
4-26 not be suspended.
4-27 (j) The judge shall require a defendant who is punished
5-1 under Section 49.09, Penal Code, as a condition of community
5-2 supervision, to attend and successfully complete an educational
5-3 program for repeat offenders approved by the Texas Commission on
5-4 Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
5-5 Abuse shall adopt rules and shall monitor, coordinate, and provide
5-6 training to persons providing the educational programs. The Texas
5-7 Commission on Alcohol and Drug Abuse is responsible for the
5-8 administration of the certification of approved educational
5-9 programs. The judge may waive the educational program requirement
5-10 only if the defendant by a motion in writing shows good cause. In
5-11 determining good cause, the judge may consider the defendant's
5-12 school and work schedule, the defendant's health, the distance that
5-13 the defendant must travel to attend an educational program, and
5-14 whether the defendant resides out of state or does not have access
5-15 to transportation. The judge shall set out the finding of good
5-16 cause in the judgment. If a defendant is required, as a condition
5-17 of community supervision, to attend an educational program, the
5-18 court clerk shall immediately report that fact to the Department of
5-19 Public Safety, on a form prescribed by the department, for
5-20 inclusion in the defendant's driving record. The report must
5-21 include the beginning date of the defendant's community
5-22 supervision. On the successful completion of the educational
5-23 program for repeat offenders, the defendant's instructor
5-24 [defendant] shall give notice to the Department of Public Safety
5-25 for inclusion in the defendant's driving record and to the
5-26 community supervision and corrections department. The community
5-27 supervision and corrections department shall then forward the
6-1 notice to the court clerk for filing. [The court clerk shall then
6-2 report the date of successful completion of the educational program
6-3 to the Department of Public Safety for inclusion in the defendant's
6-4 driving record.] If the Department of Public Safety does not
6-5 receive notice that a defendant required to complete an educational
6-6 program has successfully completed the program for repeat offenders
6-7 within the period required by the judge, as shown on department
6-8 records, the department shall revoke the defendant's driver's
6-9 license, permit, or privilege or prohibit the defendant from
6-10 obtaining a license or permit, as provided by Section 521.344,
6-11 Transportation Code [24(g)(2), Chapter 173, Acts of the 47th
6-12 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
6-13 Civil Statutes)].
6-14 SECTION 5. Section 16.003, Election Code, is amended to read
6-15 as follows:
6-16 Sec. 16.003. FELONY CONVICTION. (a) The Department of
6-17 Public Safety shall prepare an abstract of each felony conviction
6-18 for which information is maintained in the department's database
6-19 under Chapter 60, Code of Criminal Procedure. The [Each month both
6-20 the clerk of each court having felony jurisdiction and the]
6-21 institutional division of the Texas Department of Criminal Justice
6-22 shall prepare an abstract of each final judgment [of a court served
6-23 by the clerk or] received by the institutional division[, as
6-24 applicable, occurring in the month,] convicting a person 18 years
6-25 of age or older who is a resident of the state of a felony. The
6-26 department or division, as appropriate, shall establish a periodic
6-27 interval in which to prepare the abstracts.
7-1 (b) The Department of Public Safety [clerk] and the
7-2 institutional division of the Texas Department of Criminal Justice
7-3 shall provide [file] each abstract to [with] the voter registrar of
7-4 the offender's [person's] county of residence within a reasonable
7-5 time and according to procedures established by the department or
7-6 division [not later than the 10th day of the month following the
7-7 month in which the abstract is prepared].
7-8 SECTION 6. (a) The change in law made by this Act to
7-9 Article 11.07, Code of Criminal Procedure, applies only to an
7-10 application for writ of habeas corpus filed on or after the
7-11 effective date of this Act. An application for writ of habeas
7-12 corpus filed before the effective date of this Act is governed by
7-13 the law in effect before the effective date of this Act, and the
7-14 former law is continued in effect for this purpose.
7-15 (b) The change in law made by this Act to Article 20.22,
7-16 Code of Criminal Procedure, applies only to a criminal or
7-17 forfeiture proceeding, as applicable, commenced on or after the
7-18 effective date of this Act. A criminal or forfeiture proceeding
7-19 commenced before the effective date of this Act is governed by the
7-20 law in effect before the effective date of this Act, and the former
7-21 law is continued in effect for this purpose.
7-22 (c) The change in law made by this Act to Section 13,
7-23 Article 42.12, Code of Criminal Procedure, applies only to an
7-24 educational program commenced on or after the effective date of
7-25 this Act.
7-26 (d) As soon as practicable after the effective date of this
7-27 Act, the Department of Public Safety and the institutional division
8-1 of the Texas Department of Criminal Justice shall take action as
8-2 necessary to comply with Section 16.003, Election Code, as amended
8-3 by this Act.
8-4 SECTION 7. This Act takes effect September 1, 1997.
8-5 SECTION 8. The importance of this legislation and the
8-6 crowded condition of the calendars in both houses create an
8-7 emergency and an imperative public necessity that the
8-8 constitutional rule requiring bills to be read on three several
8-9 days in each house be suspended, and this rule is hereby suspended.