By Henderson                                           S.B. No. 578
       74R4891 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the broadcasting, recording, videotaping, or
    1-3  photographing of a criminal proceeding.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 1, Code of Criminal Procedure, is amended
    1-6  by adding Article 1.28 to read as follows:
    1-7        Art. 1.28.  BROADCASTING, RECORDING, VIDEOTAPING, OR
    1-8  PHOTOGRAPHING PROCEEDING.  (a)  A court may not permit the
    1-9  broadcasting by radio or television or the recording, videotaping,
   1-10  or photographing of a court proceeding unless the attorney
   1-11  representing the state and the defendant consent to the
   1-12  broadcasting or the recording, videotaping, or photographing of the
   1-13  proceeding.
   1-14        (b)  Regardless of whether the attorney representing the
   1-15  state and the defendant consent under Subsection (a), the court may
   1-16  not permit the broadcasting by radio or television or the recording
   1-17  or videotaping of the testimony of a witness in the proceeding or
   1-18  the photographing of the witness, unless the witness consents.
   1-19        (c)  Subsections (a) and (b) do not apply to the recording of
   1-20  a proceeding made by a court reporter for the use of the court or a
   1-21  party to the proceeding.  Subsection (b) does not apply to the
   1-22  closed circuit transmission of audio or video information by the
   1-23  court or a bailiff for the use of the court or a party.
   1-24        SECTION 2.  This Act takes effect September 1, 1995.
    2-1        SECTION 3.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended.