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A BILL TO BE ENTITLED
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AN ACT
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relating to a presumption regarding certain evidence of a |
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prior conviction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.48 to read as follows: |
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Art. 38.48. PRESUMPTION OF PRIOR CONVICTION. |
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Sec. 1. The admission into evidence of a |
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self-authenticating document relating to a prior conviction that |
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complies with this article creates a presumption establishing the |
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existence of that prior conviction for the person named in the |
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self-authenticating document without the necessity of supporting |
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testimony. |
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Sec. 2. Not later than the 20th day before the trial |
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begins in a proceeding in which a prior conviction is to be |
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introduced, the self-authenticating document must be filed with the |
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clerk of the court and a copy must be provided by fax, hand |
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delivery, secure electronic transmission, or certified mail, |
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return receipt requested, to the opposing party. |
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The presumption established under Section 1 does not or |
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certified mail, return receipt requested, to the offering party. A |
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sworn written objection submitted under this section must state |
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that the defendant or witness is not the person named in the |
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self-authenticating document or identify another error that makes |
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the document inadmissible in or inapplicable to the proceeding in |
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which it is filed. |
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Sec. 3. This article does not limit the right of a |
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party to summon a witness or to introduce admissible evidence |
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relevant to the prior conviction. |
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SECTION 2. This Act takes effect September 1, 2013. |