Bill Text: TX HB2847 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the use of video teleconferencing systems in certain criminal proceedings.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2847 Detail]
Download: Texas-2011-HB2847-Introduced.html
Bill Title: Relating to the use of video teleconferencing systems in certain criminal proceedings.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2847 Detail]
Download: Texas-2011-HB2847-Introduced.html
82R13592 KEL-D | ||
By: Madden | H.B. No. 2847 |
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relating to the use of video teleconferencing systems in certain | ||
criminal proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 1.13(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) The defendant in a criminal prosecution for any offense | ||
other than a capital felony case in which the state [ |
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the court and the defendant that it will seek the death penalty | ||
shall have the right, upon entering a plea, to waive the right of | ||
trial by jury, conditioned, however, that, except as provided by | ||
Article 27.19, the [ |
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defendant in writing in open court with the consent and approval of | ||
the court, and the attorney representing the state [ |
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consent and approval by the court shall be entered of record on the | ||
minutes of the court, and the consent and approval of the attorney | ||
representing the state [ |
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attorney [ |
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defendant enters the defendant's [ |
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SECTION 2. Article 20.011(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Only the following persons may be present in a grand | ||
jury room while the grand jury is conducting proceedings: | ||
(1) grand jurors; | ||
(2) bailiffs; | ||
(3) the attorney representing the state; | ||
(4) witnesses while being examined or when necessary | ||
to assist the attorney representing the state in examining other | ||
witnesses or presenting evidence to the grand jury; | ||
(5) interpreters, if necessary; [ |
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(6) a stenographer or person operating an electronic | ||
recording device, as provided by Article 20.012; and | ||
(7) a person operating a video teleconferencing system | ||
for use under Article 20.151. | ||
SECTION 3. Article 20.02(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) A grand juror, bailiff, interpreter, stenographer or | ||
person operating an electronic recording device, [ |
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preparing a typewritten transcription of a stenographic or | ||
electronic recording, or person operating a video teleconferencing | ||
system for use under Article 20.151 who discloses anything | ||
transpiring before the grand jury, regardless of whether the thing | ||
transpiring is recorded, in the course of the official duties of the | ||
grand jury, is [ |
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court, not exceeding $500 [ |
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exceeding 30 [ |
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imprisonment. | ||
SECTION 4. Chapter 20, Code of Criminal Procedure, is | ||
amended by adding Article 20.151 to read as follows: | ||
Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING. | ||
(a) With the consent of the foreman of the grand jury and the | ||
attorney representing the state, a peace officer summoned to | ||
testify before the grand jury may testify through the use of a | ||
closed circuit video teleconferencing system that provides an | ||
encrypted, simultaneous, compressed full motion video and | ||
interactive communication of image and sound between the peace | ||
officer, the attorney representing the state, and the grand jury. | ||
(b) In addition to being administered the oath described by | ||
Article 20.16(a), before being interrogated, a peace officer | ||
testifying through the use of a closed circuit video | ||
teleconferencing system under this article shall affirm that: | ||
(1) no person other than a person in the grand jury | ||
room is capable of hearing the peace officer's testimony; and | ||
(2) the peace officer's testimony is not being | ||
recorded or otherwise preserved by any person at the location from | ||
which the peace officer is testifying. | ||
(c) Testimony received from a peace officer under this | ||
article shall be recorded in the same manner as other testimony | ||
taken before the grand jury. | ||
SECTION 5. Article 27.18, Code of Criminal Procedure, is | ||
amended by amending Subsection (c) and adding Subsections (c-1) and | ||
(c-2) to read as follows: | ||
(c) A recording of the communication shall be made and | ||
preserved until all appellate proceedings have been disposed of. A | ||
court reporter or court recorder is not required to transcribe or | ||
make a separate recording of a plea taken under this article. | ||
(c-1) The defendant may obtain a copy of a [ |
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made under Subsection (c) on payment of a reasonable amount to cover | ||
the costs of reproduction or, if the defendant is indigent, the | ||
court shall provide a copy to the defendant without charging a cost | ||
for the copy. | ||
(c-2) The loss or destruction of or failure to make a video | ||
recording of a plea entered under this article is not alone | ||
sufficient grounds for a defendant to withdraw the defendant's plea | ||
or to request the court to set aside a conviction or sentence based | ||
on the plea. | ||
SECTION 6. Article 38.073, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a | ||
proceeding in the prosecution of a criminal offense in which an | ||
inmate in the custody of the Texas Department of Criminal Justice is | ||
required to testify as a witness, any deposition or testimony of the | ||
inmate witness may be conducted by a video teleconferencing system | ||
in the manner described by Article 27.18 [ |
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SECTION 7. Articles 20.011(a) and 20.02(b), Code of | ||
Criminal Procedure, as amended by this Act, and Article 20.151, | ||
Code of Criminal Procedure, as added by this Act, apply only to | ||
testimony before a grand jury that is impaneled on or after the | ||
effective date of this Act. | ||
SECTION 8. Article 27.18, Code of Criminal Procedure, as | ||
amended by this Act, applies to a plea of guilty or nolo contendere | ||
entered on or after the effective date of this Act, regardless of | ||
whether the offense with reference to which the plea is entered is | ||
committed before, on, or after that date. | ||
SECTION 9. Article 38.073, Code of Criminal Procedure, as | ||
amended by this Act, applies only to the testimony of an inmate | ||
witness that is taken on or after the effective date of this Act. | ||
SECTION 10. This Act takes effect September 1, 2011. |