78R5316 GWK-D

By:  Madden                                                       H.B. No. 1000


A BILL TO BE ENTITLED
AN ACT
relating to the taking of witness depositions in a criminal case. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 39.02, Code of Criminal Procedure, is amended to read as follows: Art. 39.02. WITNESS DEPOSITIONS [FOR DEFENDANT]. Depositions of witnesses may be taken by either the state or the defendant. When a party seeks [the defendant desires] to take the deposition of a witness, the party [he] shall[, by himself or counsel,] 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 [same,] and an application to take the deposition [same]. On [Provided that upon] the filing of the affidavit and [such] application, and after notice to the other party [attorney for the state], the court [courts] shall hear the application and determine if good reason exists for taking the deposition. The court shall base its [Such] determination and shall grant or deny the application [be] based on the facts made known at the hearing [and the court, in its judgment, shall grant or deny the application on such facts]. SECTION 2. (a) This Act takes effect September 1, 2003. (b) The change in law made by this Act applies only to a criminal case in which the indictment or information is presented to the court on or after September 1, 2003. A criminal case in which the indictment or information is presented to the court before September 1, 2003, is covered by the law in effect when the indictment or information is presented, and the former law is continued in effect for that purpose.