Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By: Bivins S.B. No. 121 A BILL TO BE ENTITLED AN ACT 1-1 relating to the use of closed circuit television to enter a plea or 1-2 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 Section 27.18 to read as follows: 1-6 Sec. 27.18. PLEA OR WAIVER OF RIGHTS BY CLOSED CIRCUIT 1-7 TELEVISION. (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 television 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 television; 1-14 (2) the closed circuit television system provides for 1-15 a communication of image and sound between the judge, the attorney 1-16 representing the state, the defendant, and the defendant's 1-17 attorney; and 1-18 (3) on request of the defendant, the defendant and the 1-19 defendant's attorney are able to communicate privately without 1-20 being recorded or heard by the judge or the attorney representing 1-21 the state. 1-22 (b) On motion of the defendant or the attorney representing 1-23 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.