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From the 2005 Regular Session of the Texas Legislature

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See caveat and source notes at the 79th Regular Session page)

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	S.B. No. 611



AN ACT



relating to the electronic
creation, transmission, and use of certain documents
related to the prosecution of a criminal offense.


BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF TEXAS:


SECTION 1.  The heading to
Article 2.26, Code of Criminal Procedure, is amended
to read as follows:


Art. 2.26.  DIGITAL SIGNATURE
AND ELECTRONIC DOCUMENTS.


SECTION 2.  Article 2.26,
Code of Criminal Procedure, is amended by amending
Subsection (b) and adding Subsection (b-1) to read
as follows:


(b)  An electronically transmitted
document issued or received by a court or a clerk
of the court in a criminal matter is considered
signed if a digital signature is transmitted with the
document.


(b-1)  An electronically
transmitted document is a written document for all
purposes and exempt from any additional writing requirement
under this code or any other law of this state.


SECTION 3.  Chapter 21, Code
of Criminal Procedure, is amended by adding Article
21.011 to read as follows:


Art. 21.011.  FILING OF
CHARGING INSTRUMENT OR RELATED DOCUMENT IN ELECTRONIC
FORM.  (a)  An indictment, information, complaint,
or other charging instrument or a related document
in a criminal case may be filed in electronic form
with a judge or clerk of the court authorized to receive
the document.


(b)  A judge or clerk of
the court is authorized to receive for filing purposes
an information, indictment, complaint, or other charging
instrument or a related document in electronic form
in accordance with Subchapter I, Chapter 51, Government
Code, if:


	(1)  the document
complies with the requirements that would apply if
the document were filed in hard-copy form;


	(2)  the clerk of
the court has the means to electronically store the
document for the statutory period of record retention;


	(3)  the judge or
clerk of the court is able to reproduce the document
in hard-copy form on demand; and


	(4)  the clerk of
the court is able to display or otherwise make the
document available in electronic form to the public
at no charge.


(c)  The person filing
the document and the person receiving the document
must complete the electronic filing as provided by
Section 51.804, Government Code.


(d)  Notwithstanding Section
51.806, Government Code, an indictment, information,
complaint, or other charging instrument or a related
document transmitted in electronic form is exempt from
a requirement under this code that the pleading be
endorsed by a natural person.  The requirement of an
oath under this code is satisfied if:


	(1)  all or part
of the document was sworn to; and


	(2)  the electronic
form states which parts of the document were sworn
to and the name of the officer administering the oath.


(e)  An electronically
filed document described by this section may be amended
or modified in compliance with Chapter 28 or other
applicable law.  The amended or modified document must
reflect that the original document has been superseded.


(f)  This section does
not affect the application of Section 51.318, Government
Code, Section 118.052(3), Local Government Code, or
any other law permitting the collection of fees for
the provision of services related to court documents.


SECTION 4.  Chapter 23, Code
of Criminal Procedure, is amended by adding Article
23.031 to read as follows:


Art. 23.031.  ISSUANCE
OF CAPIAS IN ELECTRONIC FORM.  A district clerk, county
clerk, or court may issue in electronic form a capias
for the failure of a person to appear before a court,
pay a fine, or comply with a court order.


SECTION 5.  Chapter 38, Code
of Criminal Procedure, is amended by adding Article
38.44 to read as follows:


Art. 38.44.  ADMISSIBILITY
OF ELECTRONICALLY PRESERVED DOCUMENT.  An electronically
preserved document has the same legal significance
and admissibility as if the document had been maintained
in hard-copy form.  If a party opposes admission of
the document on the grounds that the document has been
materially altered, the proponent of the document must
disprove the allegation by a preponderance of the evidence.


SECTION 6.  This Act takes
effect immediately if it receives a vote of two-thirds
of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution.  If
this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.


______________________________	______________________________


President of the Senate
            Speaker of the House


I hereby certify that S.B.
No. 611 passed the Senate on April 21, 2005, by the
following vote:  Yeas 31, Nays 0.




______________________________


    Secretary of the
Senate




I hereby certify that S.B.
No. 611 passed the House on May 20, 2005, by the following
vote:  Yeas 135, Nays 0, one present not voting.




______________________________


    Chief Clerk of
the House




Approved:


______________________________


             Date


______________________________


           Governor