BILL ANALYSIS

H.B. 1127

By: Anchia

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

With increasing access to the internet and technology, most court services can be provided online. District attorney offices have highlighted that certain services should be fully accessible electronically, including serving a copy of an application for a writ of habeas corpus. Under the current law, applications for a writ of habeas corpus in a community supervision case must be served to the state's attorney by either certified mail or through personal service, without the option to file online. It has been suggested that electronic services may serve as a more efficient option for all parties. H.B. 1127 seeks to address this issue by providing for the option to serve a copy of an application for a writ of habeas corpus through a secure electronic transmission.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1127 amends the Code of Criminal Procedure to give an applicant for a writ of habeas corpus in a community supervision case the option of serving a copy of the application on the state's attorney by secure electronic mail or another form of secure electronic transmission as an alternative to serving the copy by certified mail or personal service.

EFFECTIVE DATE

September 1, 2021.