By Swinford                                     H.B. No. 1096

      75R3865 PEP-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 the

1-20     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.