1-1     By:  Carona                                           S.B. No. 1579

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Criminal Justice;

 1-4     April 9, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; April 9, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the requisition for the return of a person charged with

 1-9     crime in this state.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subdivision 3, Section 23, Article 51.13, Code of

1-12     Criminal Procedure, is amended to read as follows:

1-13           Subdiv. 3.  The application shall be verified by affidavit,

1-14     shall be executed in duplicate and shall be accompanied by two

1-15     certified copies of the indictment returned, or information and

1-16     affidavit filed, or of the complaint made to the judge or

1-17     magistrate, stating the offense with which the accused is charged,

1-18     or of the judgment of conviction or of the sentence.  The

1-19     prosecuting officer, parole board, warden or sheriff may also

1-20     attach such further affidavits and other documents in duplicate as

1-21     he shall deem proper to be submitted with such application.  One

1-22     copy of the application, with the action of the Governor indicated

1-23     by endorsement thereon, and one of the certified copies of the

1-24     indictment, complaint, information, and affidavits, or of the

1-25     judgment of conviction or of the sentence shall be filed in the

1-26     office of the Governor [Secretary of State to remain on record in

1-27     that office].  The other copies of all papers shall be forwarded

1-28     with the Governor's requisition.

1-29           SECTION 2.  The importance of this legislation and the

1-30     crowded condition of the calendars in both houses create an

1-31     emergency and an imperative public necessity that the

1-32     constitutional rule requiring bills to be read on three several

1-33     days in each house be suspended, and this rule is hereby suspended,

1-34     and that this Act take effect and be in force from and after its

1-35     passage, and it is so enacted.

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