Bill Text: TX SB1233 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the promotion of efficiencies in and the administration of certain district court and county services and functions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1233 Detail]
Download: Texas-2011-SB1233-Introduced.html
Bill Title: Relating to the promotion of efficiencies in and the administration of certain district court and county services and functions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1233 Detail]
Download: Texas-2011-SB1233-Introduced.html
82R4961 MAW-F | ||
By: West | S.B. No. 1233 |
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relating to the promotion of efficiencies in and the administration | ||
of certain county services and functions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.31 to read as follows: | ||
Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter | ||
1701, Occupations Code, may execute lawful process issued to the | ||
jailer by any magistrate or court on a person confined in the jail | ||
at which the jailer is employed to the same extent that a peace | ||
officer is authorized to execute process under Article 2.13(b)(2), | ||
including: | ||
(1) a warrant under Chapter 15, 17, or 18; | ||
(2) a capias under Chapter 17 or 23; | ||
(3) a subpoena under Chapter 20 or 24; or | ||
(4) an attachment under Chapter 20 or 24. | ||
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 and preserved. | ||
SECTION 5. Article 26.13, Code of Criminal Procedure, is | ||
amended by adding Subsection (j) to read as follows: | ||
(j) Notwithstanding any provision of this code, a person who | ||
is incarcerated in a facility operated by or under contract with the | ||
Texas Department of Criminal Justice may submit in writing a plea of | ||
guilty or plea of nolo contendere regarding any misdemeanor charge. | ||
The plea may be transmitted to the court by mail, facsimile, or | ||
other means. On receipt of a plea under this subsection, the court | ||
shall make the admonitions required by this article to the | ||
defendant in writing as provided by Subsection (d). | ||
SECTION 6. 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 7. 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 8. Article 49.25, Code of Criminal Procedure, is | ||
amended by adding Section 13A to read as follows: | ||
Sec. 13A. FEES. A medical examiner may charge reasonable | ||
fees for services provided by the office of medical examiner under | ||
this article, including cremation approvals, court testimonies, | ||
consultations, and depositions. | ||
SECTION 9. Section 31.037, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The | ||
employment of the county elections administrator may be suspended, | ||
with or without pay, or terminated at any time for good and | ||
sufficient cause on the four-fifths vote of the county election | ||
commission and approval of that action by a majority vote of the | ||
commissioners court. | ||
SECTION 10. Sections 51.318(b) and (e), Government Code, | ||
are amended to read as follows: | ||
(b) The fees are: | ||
(1) for issuing a subpoena, including one copy$8 | ||
(2) for issuing a citation, commission for deposition, | ||
writ of execution, order of sale, writ of execution and order of | ||
sale, writ of injunction, writ of garnishment, writ of attachment, | ||
or writ of sequestration not provided for in Section 51.317, or any | ||
other writ or process not otherwise provided for, including one | ||
copy if required by law$8 | ||
(3) for searching files or records to locate a cause | ||
when the docket number is not provided$5 | ||
(4) for searching files or records to ascertain the | ||
existence of an instrument or record in the district clerk's | ||
office$5 | ||
(5) for abstracting a judgment$8 | ||
(6) for approving a bond$4 | ||
(7) for a certified copy of a record, judgment, order, | ||
pleading, or paper on file or of record in the district clerk's | ||
office, including certificate and seal, for each page or part of a | ||
page$1 | ||
(8) for a noncertified copy, for each page or part of a | ||
page not to exceed $1 | ||
(9) notwithstanding Section 51.3195, for an | ||
electronic certified copy of a record, judgment, order, pleading, | ||
or paper on file or of record in the district clerk's office, | ||
including certificate and seal, for each page or part of a | ||
pagenot to exceed $1. | ||
(e) The district clerk may not charge the United States | ||
Immigration and Customs Enforcement or the United States | ||
Citizenship and Immigration Services [ |
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fee for a copy of any document on file or of record in the clerk's | ||
office relating to an individual's criminal history, regardless of | ||
whether the document is certified. | ||
SECTION 11. Subchapter D, Chapter 101, Government Code, is | ||
amended by adding Section 101.06118 to read as follows: | ||
Sec. 101.06118. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT | ||
CODE. The clerk of a district court shall collect for an electronic | ||
certified copy of a record, judgment, order, pleading, or paper on | ||
file or of record in the district clerk's office, including | ||
certificate and seal, a fee not to exceed $1 for each page or part of | ||
a page under Section 51.318, Government Code. | ||
SECTION 12. (a) 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. | ||
(b) Article 27.18, Code of Criminal Procedure, as amended by | ||
this Act, and Article 26.13(j), Code of Criminal Procedure, as | ||
added by this Act, apply 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. | ||
(c) 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. | ||
(d) Section 13A, Article 49.25, Code of Criminal Procedure, | ||
as added by this Act, applies only to a service provided by a | ||
medical examiner's office on or after the effective date of this | ||
Act. A service provided before the effective date of this Act is | ||
covered by the law in effect on the date the service was provided, | ||
and the former law is continued in effect for that purpose. | ||
(e) Section 51.318(b), Government Code, as amended by this | ||
Act, applies only to a request for an electronic certified copy of a | ||
record, judgment, order, pleading, or paper on file or of record in | ||
the district clerk's office, including certificate and seal, made | ||
on or after the effective date of this Act. A request made before | ||
the effective date of this Act is covered by the law in effect when | ||
the request was made, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 13. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2011. |