By:  Bivins, West                                      S.B. No. 121

                                A BILL TO BE ENTITLED

                                       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 the 120th day after the date the recording is made.

 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.

 2-9           SECTION 2.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended,

2-14     and that this Act take effect and be in force from and after its

2-15     passage, and it is so enacted.