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|  | AN ACT | 
|  | relating to conducting by electronic means a hearing to determine a | 
|  | defendant's ability to discharge certain fines and court costs. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Article 43.03, Code of Criminal Procedure, is | 
|  | amended by adding Subsection (f) to read as follows: | 
|  | (f)  For purposes of a hearing described by Subsection (d), a | 
|  | defendant may be brought before the court in person or by means of | 
|  | an electronic broadcast system through which an image of the | 
|  | defendant is presented to the court.  For purposes of this | 
|  | subsection, "electronic broadcast system" means a two-way | 
|  | electronic communication of image and sound between the defendant | 
|  | and the court and includes secure Internet videoconferencing. | 
|  | SECTION 2.  Article 45.046, Code of Criminal Procedure, is | 
|  | amended by adding Subsection (c) to read as follows: | 
|  | (c)  For purposes of a hearing described by Subsection (a), a | 
|  | defendant may be brought before the court in person or by means of | 
|  | an electronic broadcast system through which an image of the | 
|  | defendant is presented to the court.  For purposes of this | 
|  | subsection, "electronic broadcast system" means a two-way | 
|  | electronic communication of image and sound between the defendant | 
|  | and the court and includes secure Internet videoconferencing. | 
|  | SECTION 3.  The change in law made by this Act applies only | 
|  | to a hearing held under Article 43.03 or 45.046, Code of Criminal | 
|  | Procedure, on or after the effective date of this Act.  A hearing | 
|  | held under Article 43.03 or 45.046, Code of Criminal Procedure, | 
|  | before the effective date of this Act is governed by the law in | 
|  | effect at the time of the hearing, and the former law is continued | 
|  | in effect for that purpose. | 
|  | SECTION 4.  This Act takes effect September 1, 2009. | 
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|  | ______________________________ | ______________________________ | 
|  | President of the Senate | Speaker of the House | 
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|  | I hereby certify that S.B. No. 414 passed the Senate on | 
|  | May 7, 2009, by the following vote:  Yeas 31, Nays 0. | 
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|  | ______________________________ | 
|  | Secretary of the Senate | 
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|  | I hereby certify that S.B. No. 414 passed the House on | 
|  | May 26, 2009, by the following vote:  Yeas 144, Nays 0, one present | 
|  | not voting. | 
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|  | ______________________________ | 
|  | Chief Clerk of the House | 
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|  | Approved: | 
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|  | ______________________________ | 
|  | Date | 
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|  | ______________________________ | 
|  | Governor |