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Summary: Currently, the law requires the clerk of a convicting court, in the case of an application for a writ of habeas corpus in a noncapital felony case, to immediately transmit important documents to the Court of Criminal Appeals. Additionally, the law requires a court reporter, required to transcribe the hearing, to prepare a transcript of the hearing within 15 days of the conclusion. However, the court reporter is not required to transmit the transcript to the Court of Criminal Appeals. HB 833 amends Section 3(d), Article 11.07 of the Code of Criminal Procedure to require the court reporter to transmit the transcript to the clerk of the convicting court upon completion of the transcript.
Analysis: Ensuring proper interactions between various government entities is important and a legitimate function of limited government. HB 833 closes an unintended loophole by appropriately requiring a court reporter to transmit their transcript. For these reasons, TPPA recommends voting yes on HB 833.
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