PMWJ H.B. 3060 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 3060
By: King
4-16-97
Committee Report (Unamended)



BACKGROUND 

 The Texas Supreme Court granted its permission for the Medina County
Court at Law to electronically record civil proceedings after July 7,
1995, and has reported that these proceedings have successfully been
recorded thus far.  The Medina County Court at Law owns a high quality
recording system and has reported substantial savings to Medina County. 
 The Texas Court of Criminal Appeals has granted its permission for
criminal proceedings to be electronically recorded by several counties
across the state; however, permission to record criminal matters has yet
to be granted for the Medina County Court at Law.  As a result, the Medina
County Court at Law has been required to sporadically use independently
contracted court reporters at a high cost to the county. 
 The Medina County Commissioner's Court unanimously voted in favor of a
resolution requesting legislation which would allow the Medina County
Court at Law to electronically record criminal proceedings.  This Act
would save Medina County an estimated $5,000 per year. 


PURPOSE

 H.B. 3060 allows the Medina County Court at Law to electronically record
all criminal proceedings without first obtaining permission to do so from
the Texas Court of Criminal Appeals. 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Section 25.1652, Government Code, by adding Subsection
(j) which states that a judge of a county court may provide that any
criminal proceeding may be recorded by a high quality electronic recording
device.  The defendant may file a written motion ten days or more in
advance of the trial to request that a court reporter be present.  A court
reporter does not need to be present to certify the statement of facts if
an electronic recording device is used. 

 SECTION 2.  Emergency clause.  Effective date.