HBA-RBT C.S.S.B. 577 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 577 By: Armbrister Criminal Jurisprudence 4/29/1999 Engrossed BACKGROUND AND PURPOSE S.B. 577 simplifies the chain of custody of firearms and contraband in criminal cases, modifies the filing and service requirements of a habeas corpus petition, modifies the release of information from a grand jury report, provides for electronic service of subpoenas, prohibits preparation of judgments by district clerks, modifies when information can be released regarding a deferred adjudication, and requires the instructor to provide proof of successful completion of an educational program approved by the Texas Commission on Alcohol and Drug Abuse. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection (a) and (b), Article 2.21, Code of Criminal Procedure, to require the clerk of the district or county court to receive all exhibits at the conclusion of the proceeding and to require the court reporter to release any firearm or contraband to the sheriff for safekeeping. Makes nonsubstantive changes. SECTION 2. Amends Section 3(b), Article 11.07, Code of Criminal Procedure, to provide that an application for a writ of habeas corpus must be filed with the clerk of the court in which the conviction being challenged was obtained, and provides that the clerk can serve the state's attorney via personal service. SECTION 3. Amends Article 20.22, Code of Criminal Procedure, to require the minutes of the court to reflect the defendant's name if the defendant is in custody or on bond, and to delay the entry of the minutes until the capias is served and the defendant is in custody or on bond, and to delete the provision providing that the name of the defendant must be omitted from the minutes of the court upon a presentment of an indictment. SECTION 4. Amends Subsection (a), Article 24.03, Code of Criminal Procedure, to provide for the filing of an electronically filed subpoena application. SECTION 5. Amends Article 24.04, Code of Criminal Procedure, to provide for service of a subpoena by electronically transmitting a copy of the subpoena, acknowledgment of receipt requested, to the last known electronic address of the witness. Provides that an electronically served subpoena must be accompanied by a notice that an acknowledgment of receipt must be made in a manner enabling verification of the person acknowledging receipt. Makes conforming and nonsubstantive changes. SECTION 6. Amends Section 2, Article 42.01, Code of Criminal Procedure, to authorize a judge to order the court clerk to prepare the judgment under the supervision of an attorney. SECTION 7. Amends Section 5, Article 42.12, Code of Criminal Procedure, by adding Subsection (e), to provide that a record in the custody of the court clerk regarding a case in which a person is granted deferred adjudication is not confidential. SECTION 8. Amends Section 13(h) and (j), Article 42.12, Code of Criminal Procedure, to provide that when a person is placed on community supervision for specified offenses and is required to successfully complete an education program jointly approved by the Texas Commission on Alcohol and Drug Abuse, the Department of Public Safety, the Traffic Safety Section of the Texas Department of Transportation, and the community justice assistance division of the Texas Department of Criminal Justice, the person's instructor, rather than the person, is required to give notice of successful completion to the Department of Public Safety and the community supervision and corrections department. Makes conforming and nonsubstantive changes. SECTION 9. Amends Section 521.342(b), Transportation Code, to require a person's instructor to provide notice of the person's successful completion of a required educational program for specified offenses, rather than authorizing the person to submit proof to the clerk. SECTION 10. Amends Section 521.344(i), Transportation Code, to require a person's instructor to provide notice of the person's successful completion of a required educational program for specified offenses, rather than authorizing the person to submit proof to the clerk. SECTION 11. Repealer: Subsections (a), (b), and (c), Article 102.005, Code of Criminal Procedure (Fees to Clerks). SECTION 12. Makes application of Sections 2, 3, 8, 9, and 10 of this Act prospective. SECTION 13. Effective date: September 1, 1999. SECTION 14. Emergency clause.