By: Carona  S.B. No. 414
         (In the Senate - Filed January 6, 2009; February 17, 2009,
  read first time and referred to Committee on Criminal Justice;
  April 28, 2009, reported favorably by the following vote:  Yeas 5,
  Nays 0; April 28, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
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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