SRC-CDH S.B. 121 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 121
By: Bivins
Criminal Justice
1-27-97
As Filed


DIGEST 

Currently, defendants charged with misdemeanors or felonies which are
punishable by imprisonment must be present in open court to enter a plea
or waive their rights.  This statutory requirement is burdensome on
counties which must use limited resources and manpower to transport and
supervise a defendant for this purpose.  S.B. 121 allows a court the
option of hearing pleas or waivers of rights in criminal cases by means of
closed circuit television, if agreed to by the defendant, in order to
reduce security, liability, and manpower concerns.       

PURPOSE

As proposed, S.B. 121 authorizes a court to accept a plea or a waiver of a
defendant's right by closed circuit television broadcast. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 27, Code of Criminal Procedure, by adding
Section 27.18, as follows: 

Sec. 27.18. PLEA OR WAIVER OF RIGHTS BY CLOSED CIRCUIT TELEVISION.
Authorizes a court to accept a plea or a waiver of a defendant's right by
closed circuit television broadcast, notwithstanding any provision of this
code requiring that a plea or a waiver of a defendant's right be made in
open court, if the defendant and the attorney representing the state file
with the court written consent to the use of closed circuit television; if
the closed circuit television system provides for a communication of image
and sound between the judge, the attorney representing the state, the
defendant, and the defendant's attorney; and if on request of the
defendant, the defendant and the defendant's attorney are able to
communicate privately without being recorded or heard by the judge or the
attorney representing the state.  Authorizes the court, on motion of the
defendant or the attorney representing the state or in the court's
discretion, to terminate an appearance by closed circuit television at any
time and require an appearance by the defendant in open court.  Requires a
written transcript of the communication between the defendant and the
court to be made and filed with the records in the cause.   Requires a
recording of the communication to be made and preserved until the 120th
day after the recording date. Authorizes the defendant to obtain a copy of
the recording on payment of a reasonable amount to cover the costs of
reproduction. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.