AN ACT 1-1 relating to the use of closed circuit video teleconferencing to 1-2 enter a plea or waive a right in a criminal case. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 27, Code of Criminal Procedure, is 1-5 amended by adding Article 27.18 to read as follows: 1-6 Art. 27.18. PLEA OR WAIVER OF RIGHTS BY CLOSED CIRCUIT VIDEO 1-7 TELECONFERENCING. (a) Notwithstanding any provision of this code 1-8 requiring that a plea or a waiver of a defendant's right be made in 1-9 open court, a court may accept the plea or waiver by broadcast by 1-10 closed circuit video teleconferencing to the court if: 1-11 (1) the defendant and the attorney representing the 1-12 state file with the court written consent to the use of closed 1-13 circuit video teleconferencing; 1-14 (2) the closed circuit video teleconferencing system 1-15 provides for a simultaneous, compressed full motion video, and 1-16 interactive communication of image and sound between the judge, the 1-17 attorney 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 2-1 the state or in the court's discretion, the court may terminate an 2-2 appearance by closed circuit video teleconferencing at any time 2-3 during the appearance and require an appearance by the defendant in 2-4 open court. 2-5 (c) A recording of the communication shall be made and 2-6 preserved until all appellate proceedings have been disposed of. 2-7 The defendant may obtain a copy of the recording on payment of a 2-8 reasonable amount to cover the costs of reproduction or, if the 2-9 defendant is indigent, the court shall provide a copy to the 2-10 defendant without charging a cost for the copy. 2-11 SECTION 2. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended, 2-16 and that this Act take effect and be in force from and after its 2-17 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 121 passed the Senate on March 20, 1997, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendments on May 30, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 121 passed the House, with amendments, on May 28, 1997, by the following vote: Yeas 135, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor