This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
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