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79R11719 RMB-F


By:  King of Parker                                               H.B. No. 1778

Substitute the following for H.B. No. 1778:                                   

By:  Keel                                                     C.S.H.B. No. 1778



A BILL TO BE ENTITLED

AN ACT

relating to the electronic creation, transmission, 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.  The heading to Article 2.26, Code of Criminal 
Procedure, is amended to read as follows:
	Art. 2.26.  DIGITAL SIGNATURE AND ELECTRONIC DOCUMENTS.                 
	SECTION 2.  Article 2.26, Code of Criminal Procedure, is 
amended by amending Subsection (b) and adding Subsection (b-1) to 
read as follows:
	(b)  An electronically transmitted document issued or 
received by a court or a clerk of the court in a criminal matter is 
considered signed if a digital signature is transmitted with the 
document.
	(b-1)  An electronically transmitted document is a written 
document for all purposes and exempt from any additional writing 
requirement under this code or any other law of this state.
	SECTION 3.  Chapter 21, Code of Criminal Procedure, is 
amended by adding Article 21.011 to read as follows:
	Art. 21.011.  FILING OF CHARGING INSTRUMENT OR RELATED 
DOCUMENT IN ELECTRONIC FORM.  (a)  An indictment, information, 
complaint, or other charging instrument or a related document in a 
criminal case may be filed in electronic form with a judge or clerk 
of the court authorized to receive the document.
	(b)  A judge or clerk of the court is authorized to receive 
for filing purposes an information, indictment, complaint, or other 
charging instrument or a related document in electronic form in 
accordance with Subchapter I, Chapter 51, Government Code, if:
		(1)  the document complies with the requirements that 
would apply if the document were filed in hard-copy form;
		(2)  the clerk of the court has the means to 
electronically store the document for the statutory period of 
record retention;
		(3)  the judge or clerk of the court is able to 
reproduce the document in hard-copy form on demand; and
		(4)  the clerk of the court is able to display or 
otherwise make the document available in electronic form to the 
public at no charge.
	(c)  The person filing the document and the person receiving 
the document must complete the electronic filing as provided by 
Section 51.804, Government Code.
	(d)  Notwithstanding Section 51.806, Government Code, an 
indictment, information, complaint, or other charging instrument 
or a related document 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 document was sworn to; and                     
		(2)  the electronic form states which parts of the 
document were sworn to and the name of the officer administering the 
oath.
	(e)  An electronically filed document described by this 
section may be amended or modified in compliance with Chapter 28 or 
other applicable law.  The amended or modified document must 
reflect that the original document has been superseded.
	(f)  This section does not affect the application of Section 
51.318, Government Code, Section 118.052(3), Local Government 
Code, or any other law permitting the collection of fees for the 
provision of services related to court documents.
	SECTION 4.  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, county clerk, or court may issue in electronic form 
a capias for the failure of a person to appear before a court, pay a 
fine, or comply with a court order.
	SECTION 5.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.44 to read as follows:
	Art. 38.44.  ADMISSIBILITY OF ELECTRONICALLY PRESERVED 
DOCUMENT.  An electronically preserved document has the same legal 
significance and admissibility as if the document had been 
maintained in hard-copy form.  If a party opposes admission of the 
document on the grounds that the document has been materially 
altered, the proponent of the document must disprove the allegation 
by a preponderance of the evidence.
	SECTION 6.  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, 2005.