By Kamel H.B. No. 2431
75R8755 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to clerk's duties in criminal procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 11.07, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Article 11.07. PROCEDURE AFTER CONVICTION WITHOUT DEATH
1-7 PENALTY.
1-8 Sec. 3.(b) [Whenever] A[a]n application for writ of habeas
1-9 corpus [is filed] after a final conviction in a felony case, other
1-10 than a case in which the death penalty is imposed, shall be filed
1-11 with the clerk of the court in which the conviction being
1-12 challenged was obtained and the clerk shall [transfer or] assign it
1-13 to the court in which the conviction being challenged was obtained.
1-14 When the application is received by that court, a writ of habeas
1-15 corpus, returnable to the Court of Criminal Appeals, shall issue by
1-16 operation of law. The clerk of that court shall make appropriate
1-17 notation thereof, assign to the case a file number (ancillary to
1-18 that of the conviction being challenged), and forward [send] a copy
1-19 of the application by certified mail, return receipt requested, or
1-20 by personal service, to the attorney representing the state in that
1-21 court, who shall then have 15 days from the date of receipt in
1-22 which it may answer the application. 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 Article 20.22. PRESENTMENT ENTERED OF RECORD. The fact of
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. Article 42.01, Code of Criminal Procedure, is
2-8 amended to read as follows:
2-9 Article 42.01. JUDGMENT.
2-10 Sec. 2. The judge may order [the clerk of the court,] the
2-11 prosecuting attorney, [or] the attorney or attorneys representing
2-12 any defendant to prepare the judgment, or the court may prepare the
2-13 same.
2-14 SECTION 4. Article 42.12, Code of Criminal Procedure, is
2-15 amended to read as follows by adding and amending the following:
2-16 Article 42.12 COMMUNITY SUPERVISION.
2-17 DEFERRED ADJUDICATION; COMMUNITY SUPERVISION.
2-18 Sec. 5. (e) Case file records, in the custody of the court
2-19 clerk, of a person given deferred adjudication, shall not be
2-20 considered confidential, unless they are sealed by court order or
2-21 have been expunged under Article 55.01 of the code.
2-22 DWI COMMUNITY SUPERVISION.
2-23 Sec. 13(h) If a person convicted of an offense under
2-24 Sections 49.04-49.08, Penal Code is placed on community
2-25 supervision, the judge shall require, as a condition of the
2-26 community supervision, that the defendant attend and successfully
2-27 complete before the 181st day after the day community supervision
3-1 is granted an educational program jointly approved by the Texas
3-2 Commission on Alcohol and Drug Abuse, the Department of Public
3-3 Safety, the Traffic Safety Section of the Texas Department of
3-4 Transportation, and the community justice assistance division of
3-5 the Texas Department of Criminal Justice designed to rehabilitate
3-6 persons who have driven while intoxicated. The Texas Commission on
3-7 Alcohol and Drug Abuse shall publish the jointly approved rules and
3-8 shall monitor, coordinate, and provide training to persons
3-9 providing the educational programs. The Texas Commission on
3-10 Alcohol and Drug Abuse is responsible for the administration of the
3-11 certification of approved educational programs and may charge a
3-12 nonrefundable application fee for the initial certification of
3-13 approval and for renewal of a certificate. The judge may waive the
3-14 educational program requirement or may grant an extension of time
3-15 to successfully complete the program that expires not later than
3-16 one year after the beginning date of the person's probation,
3-17 however, if the defendant by a motion in writing shows good cause.
3-18 In determining good cause, the judge may consider but is not
3-19 limited to: the defendant's school and work schedule, the
3-20 defendant's health, the distance that the defendant must travel to
3-21 attend an educational program, and the fact that the defendant
3-22 resides out of state, has no valid driver's license, or does not
3-23 have access to transportation. The judge shall set out the finding
3-24 of good cause for waiver in the judgment. If a defendant is
3-25 required, as a condition of community supervision, to attend an
3-26 educational program or if the court waives the educational program
3-27 requirement, the court clerk shall immediately report that fact to
4-1 the Department of Public Safety, on a form prescribed by the
4-2 department, for inclusion in the person's driving record. If the
4-3 court grants an extension on time in which the person may complete
4-4 the program, the court clerk shall immediately report that fact to
4-5 the Department of Public Safety on a form prescribed by the
4-6 department. The report must include the beginning date of the
4-7 person's community supervision. Upon the successful completion of
4-8 the educational program, the person's instructor shall give notice
4-9 to the Department of Public Safety for inclusion in the defendant's
4-10 driving record and the community supervision and corrections
4-11 department. The department shall then forward the notice to the
4-12 court clerk for filing. [The court clerk shall then report the
4-13 date of successful completion of the educational program to the
4-14 Department of Public Safety for inclusion in the defendant's
4-15 driving record.] If the Department of Public Safety does not
4-16 receive notice that a defendant required to complete an educational
4-17 program has successfully completed the program within the period
4-18 required by this section, as shown on department records, the
4-19 department shall revoke the defendant's driver's license, permit,
4-20 or privilege or prohibit the person from obtaining a license or
4-21 permit, as provided by Section 24(g)(2), Chapter 173, Acts of the
4-22 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
4-23 Texas Civil Statutes). The department may not reinstate a license
4-24 suspended under this subsection unless the person whose license was
4-25 suspended makes application to the department for reinstatement of
4-26 the person's license and pays to the department a reinstatement fee
4-27 of $50. The department shall remit all fees collected under this
5-1 subsection to the comptroller for deposit in the general revenue
5-2 fund. This subsection does not apply to a defendant if a jury
5-3 recommends community supervision for the defendant and also
5-4 recommends that the defendant's driver's license not be suspended.
5-5 Sec. 13. (j) The judge shall require a defendant who is
5-6 punished under Section 49.09, Penal Code, as a condition of
5-7 community supervision, to attend and successfully complete an
5-8 educational program for repeat offenders approved by the Texas
5-9 Commission on Alcohol and Drug Abuse. The Commission on Alcohol
5-10 and Drug Abuse shall adopt rules and shall monitor, coordinate, and
5-11 provide training to persons providing the educational programs.
5-12 The Commission on Alcohol and Drug Abuse is responsible for the
5-13 administration of the certification of approved educational
5-14 programs. The judge may waive the educational program requirement
5-15 only if the defendant by a motion in writing shows good cause. In
5-16 determining good cause, the judge may consider the defendant's
5-17 school and work schedule, the defendant's health, the distance that
5-18 the defendant must travel to attend an educational program, and
5-19 whether the defendant resides out of state or does not have access
5-20 to transportation. The judge shall set out the finding of good
5-21 cause in the judgment. If a defendant is required, as a condition
5-22 of community supervision, to attend an educational program, the
5-23 court clerk shall immediately report that fact to the Department of
5-24 Public Safety, on a form prescribed by the department, for
5-25 inclusion in the defendant's driving record. The report must
5-26 include the beginning date of the defendant's community
5-27 supervision. On the successful completion of the educational
6-1 program for repeat offenders, the defendant's instructor shall give
6-2 notice to the Department of Public Safety for inclusion in the
6-3 defendant's driving record and the community supervision and
6-4 corrections department. The community supervision and corrections
6-5 department shall then forward the notice to the court clerk for
6-6 filing. [The court clerk shall then report the date of successful
6-7 completion of the educational program to the Department of Public
6-8 Safety for inclusion in the defendant's driving record.] If the
6-9 Department of Public Safety does not receive notice that a
6-10 defendant required to complete an educational program has
6-11 successfully completed the program for repeat offenders within the
6-12 period required by the judge, as shown on department records, the
6-13 department shall revoke the defendant's driver's license, permit,
6-14 or privilege or prohibit the defendant from obtaining a license or
6-15 permit, as provided by Section 24(g)(2), Chapter 173, Acts of the
6-16 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
6-17 Texas Civil Statutes).
6-18 SECTION 5. Article 59.04, Code of Criminal Procedure, is
6-19 amended to read as follows:
6-20 Article 59.04. NOTIFICATION OF FORFEITURE PROCEEDING.
6-21 (b) A forfeiture proceeding commences under this chapter
6-22 when the attorney representing the state files a notice of the
6-23 seizure and intended forfeiture in the name of the state with the
6-24 clerk of the district court in the county in which the seizure is
6-25 made. All court costs due the district clerk shall be paid from
6-26 the proceeds of the final judgment (1) if money is forfeited and
6-27 (2) if the property is disposed under Article 59.06 of this code.
7-1 The attorney representing the state must attach to the notice the
7-2 peace officer's sworn statement under Article 59.03 of this code.
7-3 Except as provided by Subsection (c) of this article, the attorney
7-4 representing the state shall cause certified copies of the notice
7-5 to be served on the following persons in the same manner as
7-6 provided for the service of process by citation in civil cases:
7-7 (1) the owner of the property; and
7-8 (2) any interest holder in the property.
7-9 SECTION 6. Section 16.003, Election Code is amended as
7-10 follows:
7-11 Sec. 16.003. FELONY CONVICTION. (a) [Each month both the
7-12 clerk of each court having felony jurisdiction] The Department of
7-13 Public Safety shall provide to each applicable Voter Registrar an
7-14 abstract of information received pursuant to Chapter 60, Code of
7-15 Criminal Procedure and the institutional division of the Texas
7-16 Department of Criminal Justice shall prepare an abstract of each
7-17 judgment of a court [served by the clerk or] received by the
7-18 institutional division, [as applicable,] occurring in the month,
7-19 convicting a person 18 years of age or older who is a resident of
7-20 the state of a felony.
7-21 (b) [The clerk and] The Department of Public Safety and the
7-22 institutional division of the Texas Department of Criminal Justice
7-23 shall provide [file] each abstract with the voter registrar of the
7-24 person's county of residence within a reasonable amount of time and
7-25 within guidelines set out by each agency [not later than the 10th
7-26 day of the month following the month in which the abstract is
7-27 prepared.]
8-1 SECTION 7. This Act takes effect September 1, 1997.
8-2 SECTION 8. The importance of this legislation and the
8-3 crowded condition of the calendars in both houses create an
8-4 emergency and an imperative public necessity that the
8-5 constitutional rule requiring bills to be read on three several
8-6 days in each house be suspended, and this rule is hereby suspended.