78R7155 KEL-D
By: King H.B. No. 2945
A BILL TO BE ENTITLED
AN ACT
relating to the oral or electronic creation and use of certain
documents related to the prosecution of a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Code of Criminal Procedure, is
amended by adding Article 21.011 to read as follows:
Art. 21.011. FILING OF INDICTMENT OR INFORMATION IN
ELECTRONIC FORM. (a) Notwithstanding Subchapter I, Chapter 51,
Government Code, or any other law, a criminal prosecution may be
commenced by filing the indictment or information in electronic
form with the judge or clerk of the court authorized to receive the
document.
(b) A judge or clerk of the court is authorized to receive
an information or indictment in electronic form if:
(1) the indictment or information is issued in the
name of the State of Texas;
(2) in the case of an indictment, electronic
presentment is authorized by the grand jury foreman in the presence
of at least nine grand jurors, in the same manner as is required for
presentment under Article 20.21;
(3) the clerk of the court has the means to
electronically store the information or indictment for the
statutory period of record retention; and
(4) the judge or clerk of the court has the ability to
reproduce the indictment or information in physical form on demand
and payment of any costs involved.
(c) The information or indictment is considered to be filed
on receipt by the judge or clerk of the court.
(d) An indictment or information transmitted in electronic
form is exempt from a requirement under this code that the pleading
be endorsed by a natural person. The requirement of an oath under
this code is satisfied if:
(1) all or part of the pleading was sworn to; and
(2) the electronic form states which parts of the
pleading were sworn to and the name of the officer administering the
oath.
(e) An electronically filed indictment or information may
be amended or modified by creating in electronic or printed form a
new document to replace the original indictment or information.
The file name of the original indictment or information must be
modified to reflect that the original document has been superseded.
SECTION 2. Chapter 23, Code of Criminal Procedure, is
amended by adding Article 23.031 to read as follows:
Art. 23.031. ISSUANCE OF CAPIAS IN ELECTRONIC FORM. A
district clerk authorized under Article 23.03 or 23.05 to issue a
capias for the failure of a person to appear before a court, pay a
fine, or comply with a court order may issue the capias in
electronic form.
SECTION 3. Chapter 15, Code of Criminal Procedure, is
amended by adding Article 15.15 to read as follows:
Art. 15.15. ORALLY OR ELECTRONICALLY REQUESTED AND
ELECTRONICALLY ISSUED ARREST WARRANTS. (a) In lieu of the written
complaint for an arrest warrant, a magistrate may take an orally or
electronically transmitted statement under oath as described by
this article.
(b) An oral statement must be taken under penalty of perjury
and must be recorded and transcribed. The statement serves as a
complaint for purposes of this article. The recording of the sworn
oral statement and the transcribed statement must be certified by
the magistrate and be filed with the clerk of the court. If a
certified court reporter records the sworn oral statement, the
court reporter shall certify the transcription of the statement
before the transcription is certified by the magistrate.
(c) With respect to an electronically transmitted
statement, an oath may be made during a telephone conversation with
the magistrate. After the oath is made, the declarant must sign the
complaint in support of the warrant of probable cause for arrest.
The declarant's signature must be in the form of a digital
signature, as provided for by Article 2.26, if a form of electronic
transmission other than facsimile is used. After the complaint is
signed, the proposed warrant, complaint, and attachments must be
electronically transmitted to the magistrate.
(d) The magistrate shall confirm with the declarant the
receipt of the warrant, complaint, and attachments.
(e) To issue the warrant, the magistrate shall:
(1) cause the warrant, complaint, and attachments to
be printed if the documents are received electronically by a method
other than facsimile;
(2) sign the warrant;
(3) note on the warrant the exact time of the issuance
of the warrant; and
(4) indicate on the warrant that the oath of the
declarant was administered orally.
(f) The completed warrant as signed by the magistrate is
considered to be an original warrant.
(g) The magistrate shall transmit electronically the signed
warrant to the declarant who shall by telephone acknowledge its
receipt. The magistrate shall by telephone authorize the declarant
to write the words "duplicate original" on the copy of the completed
warrant transmitted to the declarant.
(h) An arrest warrant may be stored electronically by the
court. An arrest warrant stored in this manner has the same legal
significance and admissibility as if the warrant had been
maintained in hard copy form.
SECTION 4. Article 15.06, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE. A
warrant of arrest, issued by any county or district clerk, or by any
magistrate (except mayors of an incorporated city or town), shall
extend to any part of the State; and any peace officer to whom said
warrant is directed, or into whose hands the same has been
transferred, shall be authorized to execute the same in any county
in this State. A peace officer receiving an arrest warrant shall
execute the warrant without delay, regardless of whether the
warrant is received in electronic or hard copy form.
SECTION 5. Article 15.07, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE. (a) When a
warrant of arrest is issued by any mayor of an incorporated city or
town, it cannot be executed in another county than the one in which
it issues, except:
1. It be endorsed by a judge of a court of record, in
which case it may be executed anywhere in the State; or
2. If it be endorsed by any magistrate in the county in
which the accused is found, it may be executed in such county. The
endorsement may be: "Let this warrant be executed in the county of
.........". Or, if the endorsement is made by a judge of a court of
record, then the endorsement may be: "Let this warrant be executed
in any county of the State of Texas". Any other words of the same
meaning will be sufficient. The endorsement shall be dated, and
signed officially by the magistrate making it.
(b) A warrant issued under this article may be
electronically transmitted to another county. A peace officer of
another county receiving the warrant shall take the warrant to the
nearest magistrate in the county. The magistrate shall endorse on
the warrant the substance of the following: "Let this warrant be
executed in the county of .........". The endorsement shall be
dated and signed officially by the magistrate making the
endorsement.
SECTION 6. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.40 to read as follows:
Art. 38.40. ADMISSIBILITY OF ELECTRONICALLY PRESERVED
OFFENSE REPORTS. An electronically preserved offense report has
the same legal significance and admissibility as if the report had
been maintained in hard copy form. If a party opposes admission of
the report on the grounds that the report has been materially
altered, the proponent of the report must disprove the allegation
by a preponderance of the evidence.
SECTION 7. Articles 15.08, 15.09, 15.10, 15.11, 15.12, and
15.13, Code of Criminal Procedure, are repealed.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.