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.

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