SRC-TJG, LBB H.B. 1000 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1000
78R5316 GWK-DBy: Madden (Nelson)
Criminal Justice
5/18/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, prosecutors may have difficulty effectively prosecuting
those who prey upon the elderly or infirm because such victims may not be
physically able to testify in court or may not live long enough for the
case to go to trial. Amending the law to allow the state to take
depositions might help prosecutors in cases of financial fraud against the
elderly, election fraud cases involving elderly voters receiving mail
ballots, and victims of violent crime whose condition deteriorates before
the case can come to trial.  H.B. 1000 authorizes depositions of witnesses
to be taken by either the state or the defendant. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 39.02, Code of Criminal Procedure, as follows:

Art. 39.02.  New Heading:  WITNESS DEPOSITIONS.  Authorizes depositions of
witnesses to be taken by either the state or the defendant.  Requires a
party, when a party seeks, rather than when the defendant desires, to take
the deposition of a witness, the party, rather than he, to file with the
clerk of the court in which the case is pending an affidavit stating the
facts necessary to constitute a good reason for taking the witness's
deposition and an application to take the deposition.  Requires the court,
on the filing of the affidavit and application, and after notice to the
other party, rather than the attorney for the state, to hear the
application and determine if good reason exists for taking the deposition.
Requires the court to base its determination and grant or deny the
application based on the facts made known at the hearing. Deletes "by
himself or counsel" in relation to a party filing with the clerk of the
court.  Deletes text requiring the court, in its judgment, to grant or
deny the application on such facts. 

SECTION 2.  (a)  Effective date:  September 1, 2003.

 (b)  Makes application of this Act prospective.