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.
1-36 * * * * *