By:  Seliger                                                      S.B. No. 395

A BILL TO BE ENTITLED
AN ACT
relating to the submission of certain pleas and waivers by closed circuit video teleconferencing. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 27.18, Code of Criminal Procedure, is amended by adding Subsections (d), (e), (e-1), and (f) to read as follows: (d) A defendant who is confined in a county other than the county in which charges against the defendant are pending may 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) A defendant who enters a plea or waiver under Subsection (d): (1) consents to venue in the county in which the court receiving the plea or waiver is located; and (2) waives any claim of error related to venue. (e-1) Subsection (e) does not prohibit a court from granting a defendant's motion for change of venue during the trial of the defendant. (f) If a defendant enters a plea of guilty or nolo contendere under Subsection (d), the attorney representing the state may request at the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment. On request for a fingerprint under this subsection, the county in which the defendant is confined shall 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. SECTION 2. This Act applies to any proceeding pending before a court on or after September 1, 2005. SECTION 3. This Act takes effect September 1, 2005.