Bill Text: TX HB3425 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the administration of certain oaths and the taking of sworn complaints made in criminal cases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to Criminal Jurisprudence [HB3425 Detail]

Download: Texas-2023-HB3425-Introduced.html

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88R14264 TSS-F
By: Frazier H.B. No. 3425

A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain oaths and the taking of
sworn complaints made in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.06, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.06. DISTRICT AND COUNTY ATTORNEYS MAY ADMINISTER
CERTAIN OATHS. (a) In this article, "electronic broadcast system"
has the meaning assigned by Article 15.03.
(b) For the purposes of this chapter and Chapters 1, 15, and
21, a [purpose mentioned in the two preceding Articles,] district
or [and] county attorney is [attorneys are] authorized to
administer an oath [oaths].
(c) A district or county attorney may administer an oath as
authorized by this article either in person or through an
electronic broadcast system.
SECTION 2. Chapter 15, Code of Criminal Procedure, is
amended by adding Article 15.052 to read as follows:
Art. 15.052. SWEARING OF COMPLAINTS. (a) In this article,
"electronic broadcast system" has the meaning assigned by Article
15.03.
(b) An affiant may swear to a complaint before:
(1) a magistrate, district attorney, or county
attorney in person or through an electronic broadcast system; or
(2) another person authorized to take oaths under
Section 602.002, Government Code, in person.
SECTION 3. Article 21.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 21.22. INFORMATION BASED UPON COMPLAINT. An [No]
information may not [shall] be presented until affidavit has been
made by some credible person charging the defendant with an
offense. The affidavit shall be filed with the information. It may
be sworn to before the district or county attorney [who, for that
purpose, shall have power to administer the oath,] or [it may be
made before] any other officer authorized by law to administer
oaths pursuant to Article 15.052.
SECTION 4. The changes in law made by this Act apply only to
an oath sworn to on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2023.