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AN ACT
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relating to the use of video teleconferencing systems in certain |
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criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 1.13(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) The defendant in a criminal prosecution for any offense |
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other than a capital felony case in which the state [State] notifies |
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the court and the defendant that it will seek the death penalty |
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shall have the right, upon entering a plea, to waive the right of |
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trial by jury, conditioned, however, that, except as provided by |
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Article 27.19, the [such] waiver must be made in person by the |
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defendant in writing in open court with the consent and approval of |
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the court, and the attorney representing the state [State]. The |
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consent and approval by the court shall be entered of record on the |
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minutes of the court, and the consent and approval of the attorney |
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representing the state [State] shall be in writing, signed by that |
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attorney [him], and filed in the papers of the cause before the |
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defendant enters the defendant's [his] plea. |
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SECTION 2. Article 20.011(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Only the following persons may be present in a grand |
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jury room while the grand jury is conducting proceedings: |
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(1) grand jurors; |
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(2) bailiffs; |
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(3) the attorney representing the state; |
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(4) witnesses while being examined or when necessary |
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to assist the attorney representing the state in examining other |
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witnesses or presenting evidence to the grand jury; |
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(5) interpreters, if necessary; [and] |
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(6) a stenographer or person operating an electronic |
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recording device, as provided by Article 20.012; and |
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(7) a person operating a video teleconferencing system |
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for use under Article 20.151. |
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SECTION 3. Article 20.02(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A grand juror, bailiff, interpreter, stenographer or |
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person operating an electronic recording device, [or] person |
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preparing a typewritten transcription of a stenographic or |
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electronic recording, or person operating a video teleconferencing |
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system for use under Article 20.151 who discloses anything |
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transpiring before the grand jury, regardless of whether the thing |
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transpiring is recorded, in the course of the official duties of the |
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grand jury, is [shall be] liable to a fine as for contempt of the |
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court, not exceeding $500 [five hundred dollars], imprisonment not |
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exceeding 30 [thirty] days, or both the [such] fine and |
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imprisonment. |
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SECTION 4. Chapter 20, Code of Criminal Procedure, is |
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amended by adding Article 20.151 to read as follows: |
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Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING. |
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(a) With the consent of the foreman of the grand jury and the |
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attorney representing the state, a peace officer summoned to |
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testify before the grand jury may testify through the use of a |
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closed circuit video teleconferencing system that provides an |
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encrypted, simultaneous, compressed full motion video and |
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interactive communication of image and sound between the peace |
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officer, the attorney representing the state, and the grand jury. |
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(b) In addition to being administered the oath described by |
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Article 20.16(a), before being interrogated, a peace officer |
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testifying through the use of a closed circuit video |
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teleconferencing system under this article shall affirm that: |
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(1) no person other than a person in the grand jury |
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room is capable of hearing the peace officer's testimony; and |
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(2) the peace officer's testimony is not being |
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recorded or otherwise preserved by any person at the location from |
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which the peace officer is testifying. |
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(c) Testimony received from a peace officer under this |
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article shall be recorded in the same manner as other testimony |
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taken before the grand jury. |
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SECTION 5. Article 27.18, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) A record [recording] of the communication shall be made |
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by a court reporter and preserved by the court reporter until all |
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appellate proceedings have been disposed of. The defendant may |
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obtain a copy of the record [recording] on payment of a reasonable |
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amount to cover the costs of reproduction or, if the defendant is |
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indigent, the court shall provide a copy to the defendant without |
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charging a cost for the copy. |
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(c-1) The loss or destruction of or failure to make a record |
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of a plea entered under this article is not alone sufficient grounds |
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for a defendant to withdraw the defendant's plea or to request the |
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court to set aside a conviction or sentence based on the plea. |
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SECTION 6. Article 38.073, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a |
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proceeding in the prosecution of a criminal offense in which an |
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inmate in the custody of the Texas Department of Criminal Justice is |
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required to testify as a witness, any deposition or testimony of the |
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inmate witness may be conducted by a video teleconferencing system |
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in the manner described by Article 27.18 [electronic means, in the
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same manner as permitted in civil cases under Section 30.012, Civil
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Practice and Remedies Code]. |
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SECTION 7. Article 102.017(d-1), Code of Criminal |
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Procedure, is amended to read as follows: |
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(d-1) For purposes of this article, the term "security |
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personnel, services, and items" includes: |
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(1) the purchase or repair of X-ray machines and |
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conveying systems; |
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(2) handheld metal detectors; |
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(3) walkthrough metal detectors; |
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(4) identification cards and systems; |
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(5) electronic locking and surveillance equipment; |
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(6) video teleconferencing systems; |
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(7) bailiffs, deputy sheriffs, deputy constables, or |
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contract security personnel during times when they are providing |
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appropriate security services; |
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(8) [(7)] signage; |
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(9) [(8)] confiscated weapon inventory and tracking |
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systems; |
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(10) [(9)] locks, chains, alarms, or similar security |
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devices; |
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(11) [(10)] the purchase or repair of bullet-proof |
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glass; and |
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(12) [(11)] continuing education on security issues |
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for court personnel and security personnel. |
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SECTION 8. Articles 20.011(a) and 20.02(b), Code of |
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Criminal Procedure, as amended by this Act, and Article 20.151, |
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Code of Criminal Procedure, as added by this Act, apply only to |
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testimony before a grand jury that is impaneled on or after the |
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effective date of this Act. |
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SECTION 9. Article 27.18, Code of Criminal Procedure, as |
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amended by this Act, applies to a plea of guilty or nolo contendere |
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entered on or after the effective date of this Act, regardless of |
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whether the offense with reference to which the plea is entered is |
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committed before, on, or after that date. |
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SECTION 10. Article 38.073, Code of Criminal Procedure, as |
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amended by this Act, applies only to the testimony of an inmate |
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witness that is taken on or after the effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2847 was passed by the House on May 3, |
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2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2847 on May 28, 2011, by the following vote: Yeas 147, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2847 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |