1-1 By: Bivins S.B. No. 121 1-2 (In the Senate - Filed December 11, 1996; January 14, 1997, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 February 26, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; 1-6 February 26, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 121 By: West 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the use of closed circuit television to enter a plea or 1-11 waive a right in a criminal case. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 27, Code of Criminal Procedure, is 1-14 amended by adding Section 27.18 to read as follows: 1-15 Sec. 27.18. PLEA OR WAIVER OF RIGHTS BY CLOSED CIRCUIT 1-16 TELEVISION. (a) Notwithstanding any provision of this code 1-17 requiring that a plea or a waiver of a defendant's right be made in 1-18 open court, a court may accept the plea or waiver by broadcast by 1-19 closed circuit television to the court if: 1-20 (1) the defendant and the attorney representing the 1-21 state file with the court written consent to the use of closed 1-22 circuit television; 1-23 (2) the closed circuit television system provides for 1-24 a simultaneous, full motion, and interactive communication of image 1-25 and sound between the judge, the attorney representing the state, 1-26 the defendant, and the defendant's attorney; and 1-27 (3) on request of the defendant, the defendant and the 1-28 defendant's attorney are able to communicate privately without 1-29 being recorded or heard by the judge or the attorney representing 1-30 the state. 1-31 (b) On motion of the defendant or the attorney representing 1-32 the state or in the court's discretion, the court may terminate an 1-33 appearance by closed circuit television at any time during the 1-34 appearance and require an appearance by the defendant in open 1-35 court. 1-36 (c) A recording of the communication shall be made and 1-37 preserved until the 120th day after the date the recording is made. 1-38 The defendant may obtain a copy of the recording on payment of a 1-39 reasonable amount to cover the costs of reproduction. 1-40 SECTION 2. The importance of this legislation and the 1-41 crowded condition of the calendars in both houses create an 1-42 emergency and an imperative public necessity that the 1-43 constitutional rule requiring bills to be read on three several 1-44 days in each house be suspended, and this rule is hereby suspended, 1-45 and that this Act take effect and be in force from and after its 1-46 passage, and it is so enacted. 1-47 * * * * *