Bill Text: TX HB3817 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to a court requiring a defendant confined in a penal institution to appear by videoconference for certain pretrial proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-10 - Committee report sent to Calendars [HB3817 Detail]
Download: Texas-2023-HB3817-Comm_Sub.html
| 88R18984 MCF-F | |||
| By: Herrero | H.B. No. 3817 | ||
| Substitute the following for H.B. No. 3817: | |||
| By: Moody | C.S.H.B. No. 3817 | ||
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| relating to a court requiring a defendant confined in a penal | ||
| institution to appear by videoconference for certain pretrial | ||
| proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 1, Code of Criminal Procedure, is | ||
| amended by adding Article 1.027 to read as follows: | ||
| Art. 1.027. PRESENCE BY VIDEOCONFERENCE. (a) In this | ||
| article, "pretrial proceeding" means a pretrial hearing, including | ||
| an arraignment, other than a hearing or arraignment at which: | ||
| (1) a plea of guilty or nolo contendere is entered; or | ||
| (2) evidence, including sworn testimony, is received | ||
| by the court. | ||
| (b) Notwithstanding any other provision of this code, a | ||
| court may require a defendant without the defendant's consent to | ||
| appear, for any pretrial proceeding related to the prosecution of a | ||
| criminal offense, by videoconference in the manner described by | ||
| Article 27.18 if the defendant is confined in a penal institution at | ||
| the time of the proceeding. | ||
| (c) If, on a motion from the defendant or attorney | ||
| representing the state or on the court's own motion, the court | ||
| determines that the defendant's circumstances require the | ||
| defendant's physical presence in the courtroom for a pretrial | ||
| proceeding, the court shall continue the proceeding until the | ||
| defendant is physically present in the courtroom. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a criminal proceeding that commences on or after the effective | ||
| date of this Act. A criminal proceeding that commenced before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the proceeding commenced, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
