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A BILL TO BE ENTITLED
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AN ACT
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relating to a court requiring a defendant confined in a penal |
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institution to appear by videoconference for certain pretrial |
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proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Code of Criminal Procedure, is |
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amended by adding Article 1.027 to read as follows: |
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Art. 1.027. PRESENCE BY VIDEOCONFERENCE. (a) In this |
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article, "pretrial proceeding" means a pretrial hearing, including |
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an arraignment, other than a hearing or arraignment at which: |
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(1) a plea of guilty or nolo contendere is entered; or |
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(2) evidence, including sworn testimony, is received |
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by the court. |
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(b) Notwithstanding any other provision of this code, a |
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court may require a defendant without the defendant's consent to |
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appear, for any pretrial proceeding related to the prosecution of a |
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criminal offense, by videoconference in the manner described by |
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Article 27.18 if the defendant is confined in a penal institution at |
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the time of the proceeding. |
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(c) If, on a motion from the defendant or attorney |
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representing the state or on the court's own motion, the court |
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determines that the defendant's circumstances require the |
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defendant's physical presence in the courtroom for a pretrial |
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proceeding, the court shall continue the proceeding until the |
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defendant is physically present in the courtroom. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commenced before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |