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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 prior |
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conviction in a criminal proceeding. |
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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 38.51 to read as follows: |
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Art. 38.51. PRESUMPTION OF PRIOR CONVICTION. (a) This |
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article applies to a document that relates to a prior conviction and |
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is self-authenticating under Rule 902(1), (2), or (4), Texas Rules |
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of Evidence. |
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(b) Except as provided by Subsection (d), the admission of a |
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document described by Subsection (a) into evidence in compliance |
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with this article creates a presumption establishing the existence |
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of that prior conviction for the person named in the document |
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without the necessity of supporting testimony. |
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(c) For purposes of establishing a presumption under |
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Subsection (b), not later than the 30th day before the date any |
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trial in the case begins: |
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(1) a document described by Subsection (a) must be |
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filed with the clerk of the court; and |
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(2) a copy of the document described by Subsection (a) |
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must be provided by fax, hand delivery, secure electronic |
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transmission, or certified mail, return receipt requested, to the |
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opposing party. |
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(d) The presumption established under Subsection (b) does |
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not apply if, not later than the 10th day before the date any trial |
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in the case begins, the opposing party: |
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(1) files with the clerk of the court a sworn written |
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objection to the document described by Subsection (a); and |
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(2) provides a copy of the objection under Subdivision |
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(1) by fax, hand delivery, secure electronic transmission, or |
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certified mail, return receipt requested, to the offering party. |
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(e) A sworn written objection submitted under Subsection |
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(d) must state that the defendant or witness is not the person named |
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in the document or must identify another error that makes the |
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document inapplicable to or otherwise inadmissible in the |
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proceeding in which the document is offered. |
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(f) This article does not limit the right of a party to |
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summon a witness or to introduce other admissible evidence relevant |
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to the prior conviction. |
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SECTION 2. Article 38.51, Code of Criminal Procedure, as |
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added by this Act, applies only to a trial that begins on or after |
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the effective date of this Act, regardless of whether the alleged |
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offense was committed before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2017. |