By Bivins                                              S.B. No. 492
       74R2941 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to using closed circuit television to enter a plea or
    1-3  waive a right in a criminal case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 27, Code of Criminal Procedure, is
    1-6  amended by adding Section 27.18 to read as follows:
    1-7        Sec. 27.18.  PLEA OR WAIVER OF RIGHTS BY CLOSED CIRCUIT
    1-8  TELEVISION.  (a)  Notwithstanding any provision of this code
    1-9  requiring a plea or a waiver of a defendant's right to be made in
   1-10  open court, a court may accept the plea or waiver by broadcast by
   1-11  closed circuit television to the court if:
   1-12              (1)  the defendant and the attorney representing the
   1-13  state file  with the court  written consent to the use of closed
   1-14  circuit television;
   1-15              (2)  the closed circuit television system provides for
   1-16  a communication of  image and sound between the judge, the attorney
   1-17  representing the state, the defendant,  and the defendant's
   1-18  attorney; and
   1-19              (3)  on request of the defendant,  the defendant and
   1-20  the defendant's attorney are able to communicate privately without
   1-21  being recorded or heard by the judge or the attorney representing
   1-22  the state.
   1-23        (b)  On motion of the defendant or the attorney representing
   1-24  the state or in the court's discretion, the court may terminate an
    2-1  appearance by closed circuit television at any time during the
    2-2  appearance and require an appearance by the defendant in open
    2-3  court.
    2-4        (c)  A written transcript of the communication between the
    2-5  defendant and the court shall be made and filed with the records in
    2-6  the cause.  A recording of the communication shall be made and
    2-7  preserved until the 120th day after the date the recording is made.
    2-8  The defendant may obtain a copy of the recording on payment of a
    2-9  reasonable amount to cover the costs of reproduction.
   2-10        SECTION 2.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.