Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB794 by Springer (relating to a presumption regarding certain evidence of a prior conviction in a criminal proceeding.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to permit evidence of a prior conviction to be presumably established through a self-authenticating document without the necessity of supporting testimony and would provide for a sworn written objection stating that the defendant was not the person named in the self-authenticating document or that would identify another error that would make the document inadmissible. The bill would require this document or a copy of this document to be filed with the clerk of the court not later than 30 days before the trial date for the case, subject to an objection filed by the opposing party not later than the 10th day before the trial date for the case. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council