SRC-PNG H.B. 806 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 806
By: Jones, Jesse (Carona)
Criminal Justice
5/11/1999
Engrossed


DIGEST 

the 75th Legislature authorized the use of digital signatures on court
documents.  The statute was placed in the Business and Commerce Code, but
not in the Code of Criminal Procedure.  Current law does not specifically
state that digital signatures are approved in criminal cases.  Accordingly,
court officers have refrained from using digital signatures in criminal
cases.  This bill would explicitly authorize the use of digital signatures
in criminal cases by placing authority in the Code of Criminal Procedure. 

PURPOSE

As proposed, H.B. 806  authorizes the use of digital signatures in criminal
cases by placing authority in the Code of Criminal Procedure. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 2, Code of Criminal Procedure, by adding Article
2.26, to define "digital signature." Provides that an electronically
transmitted document issued or received by a court in a criminal matter is
considered signed if a digital signature is transmitted with the document.
Provides that this section does not preclude any symbol from being valid as
a signature under other applicable law, including Section 1.201(39),
Business & Commerce Code.  Provides that the use of digital signature under
this section is subject to criminal laws pertaining to fraud and computer
crimes, including Chapters 32 and 33, Penal Code. 

SECTION 2. Amends Article 45.021, Code of Criminal Procedure, by amending
Subsection (a) and adding Subsection (f), to provide that a statutory
requirement that a document contain the signature of any person, including
a judge, clerk of the court, or defendant, is satisfied if the document
contains that signature as captured on an electronic device.  Makes
conforming changes. 

SECTION 3. Amends Section 543.003, Transportation Code, to delete the
requirement that a magistrate issue in duplicate a written notice to appear
in court. 

SECTION 4. Amends Section 543.005, Transportation Code, to authorize the
signature to be obtained on a duplicate form or on an electronic device
capable of creating a copy of the signed notice.  Makes conforming changes. 

SECTION 5. Amends Section 543.007, Transportation Code, to make conforming
changes. 

SECTION 6. Emergency clause.
  Effective date: upon passage.