83R5423 ADM-D
 
  By: Giddings H.B. No. 996
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to permitting electronic delivery of certain documents in
  a criminal case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3(b), Article 11.07, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  An application for writ of habeas corpus filed after
  final conviction in a felony case, other than a case in which the
  death penalty is imposed, must be filed with the clerk of the court
  in which the conviction being challenged was obtained, and the
  clerk shall assign the application to that court. When the
  application is received by that court, a writ of habeas corpus,
  returnable to the Court of Criminal Appeals, shall issue by
  operation of law. The clerk of that court shall make appropriate
  notation thereof, assign to the case a file number (ancillary to
  that of the conviction being challenged), and forward a copy of the
  application by certified mail, return receipt requested, by secure
  electronic mail, or by personal service to the attorney
  representing the state in that court, who shall answer the
  application not later than the 15th day after the date the copy of
  the application is received. Matters alleged in the application
  not admitted by the state are deemed denied.
         SECTION 2.  Section 6(c), Article 11.071, Code of Criminal
  Procedure, is amended to read as follows:
         (c)  The clerk of the convicting court shall:
               (1)  make an appropriate notation that a writ of habeas
  corpus was issued;
               (2)  assign to the case a file number that is ancillary
  to that of the conviction being challenged; and
               (3)  send a copy of the application by certified mail,
  return receipt requested, or by secure electronic mail to the
  attorney representing the state in that court.
         SECTION 3.  Section 7(b), Article 11.072, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  At the time an order is entered under this section, the
  clerk of the court shall immediately, by certified mail, return
  receipt requested, or by secure electronic mail, send a copy of the
  order to the applicant and to the state.
         SECTION 4.  Section 4, Article 38.41, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 4.  Not later than the 20th day before the trial begins
  in a proceeding in which a certificate of analysis under this
  article is to be introduced, the certificate must be filed with the
  clerk of the court and a copy must be provided by fax, secure
  electronic mail, hand delivery, or certified mail, return receipt
  requested, to the opposing party. The certificate is not
  admissible under Section 1 if, not later than the 10th day before
  the trial begins, the opposing party files a written objection to
  the use of the certificate with the clerk of the court and provides
  a copy of the objection by fax, secure electronic mail, hand
  delivery, or certified mail, return receipt requested, to the
  offering party.
         SECTION 5.  Section 4, Article 38.42, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 4.  Not later than the 20th day before the trial begins
  in a proceeding in which a chain of custody affidavit under this
  article is to be introduced, the affidavit must be filed with the
  clerk of the court and a copy must be provided by fax, secure
  electronic mail, hand delivery, or certified mail, return receipt
  requested, to the opposing party. The affidavit is not admissible
  under Section 1 if, not later than the 10th day before the trial
  begins, the opposing party files a written objection to the use of
  the affidavit with the clerk of the court and provides a copy of the
  objection by fax, secure electronic mail, hand delivery, or
  certified mail, return receipt requested, to the offering party.
         SECTION 6.  The changes in law made by this Act apply only to
  a legal document delivered, filed, or served on or after the
  effective date of this Act. A legal document delivered, filed, or
  served before the effective date of this Act is governed by the law
  in effect before the effective date of this Act, and the former law
  is continued in effect for that purpose.
         SECTION 7.  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, 2013.