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


Senate Research CenterC.S.S.B. 121
By: Bivins
Criminal Justice
2-25-97
Committee Report (Substituted)


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, C.S.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 simultaneous, full
motion, and interactive 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 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.   

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 27.18, Chapter 27, Code of Criminal Procedure,
to require the closed circuit television system to provide a simultaneous,
full motion, and interactive communication of image and sound.  Deletes
the provision mandating the filing of a written transcript of the
communication between the defendant and the court.