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A BILL TO BE ENTITLED
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AN ACT
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relating to permitting electronic delivery of certain documents in |
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a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3(b), Article 11.07, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) An application for writ of habeas corpus filed after |
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final conviction in a felony case, other than a case in which the |
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death penalty is imposed, must be filed with the clerk of the court |
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in which the conviction being challenged was obtained, and the |
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clerk shall assign the application to that court. When the |
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application is received by that court, a writ of habeas corpus, |
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returnable to the Court of Criminal Appeals, shall issue by |
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operation of law. The clerk of that court shall make appropriate |
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notation thereof, assign to the case a file number (ancillary to |
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that of the conviction being challenged), and forward a copy of the |
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application by certified mail, return receipt requested, by secure |
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electronic mail, or by personal service to the attorney |
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representing the state in that court, who shall answer the |
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application not later than the 15th day after the date the copy of |
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the application is received. Matters alleged in the application |
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not admitted by the state are deemed denied. |
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SECTION 2. Section 6(c), Article 11.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) The clerk of the convicting court shall: |
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(1) make an appropriate notation that a writ of habeas |
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corpus was issued; |
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(2) assign to the case a file number that is ancillary |
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to that of the conviction being challenged; and |
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(3) send a copy of the application by certified mail, |
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return receipt requested, or by secure electronic mail to the |
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attorney representing the state in that court. |
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SECTION 3. Section 7(b), Article 11.072, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) At the time an order is entered under this section, the |
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clerk of the court shall immediately, by certified mail, return |
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receipt requested, or by secure electronic mail, send a copy of the |
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order to the applicant and to the state. |
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SECTION 4. Section 4, Article 38.41, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 4. Not later than the 20th day before the trial begins |
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in a proceeding in which a certificate of analysis under this |
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article is to be introduced, the certificate must be filed with the |
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clerk of the court and a copy must be provided by fax, secure |
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electronic mail, hand delivery, or certified mail, return receipt |
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requested, to the opposing party. The certificate is not |
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admissible under Section 1 if, not later than the 10th day before |
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the trial begins, the opposing party files a written objection to |
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the use of the certificate with the clerk of the court and provides |
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a copy of the objection by fax, secure electronic mail, hand |
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delivery, or certified mail, return receipt requested, to the |
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offering party. |
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SECTION 5. Section 4, Article 38.42, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 4. Not later than the 20th day before the trial begins |
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in a proceeding in which a chain of custody affidavit under this |
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article is to be introduced, the affidavit must be filed with the |
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clerk of the court and a copy must be provided by fax, secure |
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electronic mail, hand delivery, or certified mail, return receipt |
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requested, to the opposing party. The affidavit is not admissible |
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under Section 1 if, not later than the 10th day before the trial |
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begins, the opposing party files a written objection to the use of |
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the affidavit with the clerk of the court and provides a copy of the |
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objection by fax, secure electronic mail, hand delivery, or |
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certified mail, return receipt requested, to the offering party. |
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SECTION 6. The changes in law made by this Act apply only to |
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a legal document delivered, filed, or served on or after the |
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effective date of this Act. A legal document delivered, filed, or |
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served before the effective date of this Act is governed by the law |
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in effect before the effective date of this Act, and the former law |
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is continued in effect for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |