SRC-LBB S.B. 1306 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1306
78R7656 BDH-FBy: Bivins
Criminal Justice
4/7/2003
As Filed


DIGEST AND PURPOSE 

Currently, a defendant is allowed to submit a plea or a waiver of his
rights through broadcast by closed circuit video teleconferencing.  As
proposed, S.B. 1306 authorizes the extension of this provision to a
defendant confined in a county other than the county in which charges are
pending 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 27.18, Code of Criminal Procedure, by adding
Subsections (d), (e), and (f), as follows: 

(d)  Authorizes a defendant who is confined in a county other than the
county in which charges against the defendant are pending to use the
teleconferencing method provided by this article to enter a plea or waive
a right in the court with jurisdiction over the case. 

(e)  Provides that a defendant who enters a plea or waiver under
Subsection (d) consents to venue in the county in which the court
receiving the plea or waiver is located and waives any claim of error
related to venue. 

(f) Authorizes  the attorney representing the state to request at the time
the plea is entered that the defendant submit a fingerprint of the
defendant suitable for attachment to the judgment, if a defendant enters a
plea of guilty or nolo contendere  under Subsection (d). Requires the
county in which the defendant is confined to obtain a fingerprint of the
defendant and use first-class mail or other means acceptable to the
attorney representing the state and the county to forward the fingerprint
to the court accepting the plea, on request for a fingerprint under this
subsection. 

SECTION 2.  Makes application of this Act prospective.
 
SECTION 3.  Effective date:  September 1, 2003.