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A BILL TO BE ENTITLED
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AN ACT
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relating to the manner in which certain criminal and juvenile |
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proceedings are conducted. |
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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. PROCEEDINGS BY VIDEOCONFERENCE. (a) Except as |
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provided by Subsection (b), a court may conduct all or part of a |
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proceeding under this code by videoconference, and may allow or |
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require any party, attorney, witness, court reporter, juror, or |
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other participant in a proceeding under this code to participate by |
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videoconference in the proceeding, if: |
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(1) the videoconference provides for a simultaneous, |
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compressed full motion video and for interactive communication of |
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image and sound between the judge, the attorney representing the |
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state, the defendant, and the defendant's attorney; and |
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(2) on request of the defendant, the defendant and the |
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defendant's attorney are able to communicate privately without |
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being recorded or heard by the judge or the attorney representing |
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the state. |
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(b) The defendant and the attorney representing the state |
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must file with the court written consent to the use of |
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videoconference if: |
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(1) the applicable proceeding is a contested matter |
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involving witness testimony; or |
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(2) the United States Constitution or the Texas |
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Constitution otherwise requires that consent. |
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SECTION 2. Article 1.13(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) The defendant in a criminal prosecution for any offense |
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other than a capital felony case in which the state notifies the |
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court and the defendant that it will seek the death penalty shall |
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have the right, upon entering a plea, to waive the right of trial by |
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jury, conditioned, however, that[, except as provided by Article |
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27.19,] the waiver must be made [in person] by the defendant in |
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writing in open court with the consent and approval of the court, |
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and the attorney representing the state. The consent and approval |
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by the court shall be entered of record on the minutes of the court, |
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and the consent and approval of the attorney representing the state |
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shall be in writing, signed by that attorney, and filed in the |
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papers of the cause before the defendant enters the defendant's |
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plea. |
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SECTION 3. Article 1.15, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 1.15. JURY IN FELONY. No person can be convicted of a |
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felony except upon the verdict of a jury duly rendered and recorded, |
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unless the defendant, upon entering a plea, has in open court [in |
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person] waived the defendant's [his] right of trial by jury in |
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writing in accordance with Articles 1.13 and 1.14; provided, |
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however, that it shall be necessary for the state to introduce |
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evidence into the record showing the guilt of the defendant and said |
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evidence shall be accepted by the court as the basis for its |
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judgment and in no event shall a person charged be convicted upon |
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the defendant's [his] plea without sufficient evidence to support |
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the same. The evidence may be stipulated if the defendant in such |
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case consents in writing, in open court, to waive the appearance, |
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confrontation, and cross-examination of witnesses, and further |
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consents either to an oral stipulation of the evidence and |
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testimony or to the introduction of testimony by affidavits, |
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written statements of witnesses, and any other documentary evidence |
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in support of the judgment of the court. Such waiver and consent |
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must be approved by the court in writing, and be filed in the file of |
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the papers of the cause. |
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SECTION 4. Article 27.13, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 27.13. PLEA OF GUILTY OR NOLO CONTENDERE IN FELONY. A |
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plea of "guilty" or a plea of "nolo contendere" in a felony case |
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must be made in open court by the defendant [in person]; and the |
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proceedings shall be as provided in Articles 26.13, 26.14 and |
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27.02. If the plea is before the judge alone, same may be made in |
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the same manner as is provided for by Articles 1.13 and 1.15. |
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SECTION 5. Articles 27.18(a), (b), and (d), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) A [Notwithstanding any provision of this code requiring |
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that a plea or a waiver of a defendant's right be made in open court, |
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a] court may accept the plea or waiver by videoconference to the |
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court if: |
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(1) [the defendant and the attorney representing the |
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state file with the court written consent to the use of |
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videoconference; |
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[(2)] the videoconference provides for a |
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simultaneous, compressed full motion video[,] and for interactive |
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communication of image and sound between the judge, the attorney |
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representing the state, the defendant, and the defendant's |
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attorney; and |
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(2) [(3)] on request of the defendant, the defendant |
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and the defendant's attorney are able to communicate privately |
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without being recorded or heard by the judge or the attorney |
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representing the state. |
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(b) Notwithstanding any other law, on [On] motion of the |
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defendant or the attorney representing the state or in the court's |
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discretion, the court may terminate an appearance by |
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videoconference at any time during the appearance and require an |
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appearance by the defendant in person in open court. |
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(d) For a [A] defendant who is confined in a county other |
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than the county in which charges against the defendant are pending, |
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[may use] the videoconference method provided by this article or by |
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Article 15.17 may be used to allow the entry of [to enter] a plea or |
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the waiver of [waive] a right in the court with jurisdiction over |
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the case. |
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SECTION 6. Article 27.19(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Notwithstanding any other provision of this code, a |
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court shall accept a plea of guilty or nolo contendere from a |
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defendant who is confined in a penal institution if the plea is |
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made: |
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(1) in accordance with the procedure established by |
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Article 27.18; or |
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(2) in writing, including a writing delivered by |
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United States mail or secure electronic or facsimile transmission, |
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before the appropriate court having jurisdiction in the county in |
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which the penal institution is located, provided that: |
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(A) the defendant is notified by the court of |
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original jurisdiction of the right to counsel and the procedures |
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for requesting appointment of counsel, and is provided a reasonable |
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opportunity to request a court-appointed lawyer; |
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(B) if the defendant elects to proceed without |
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counsel, the defendant must waive the right to counsel in |
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accordance with Article 1.051; and |
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(C) [the defendant must waive the right to be |
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present at the taking of the plea or to have counsel present, if the |
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defendant has counsel; and |
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[(D)] if the defendant is charged with a felony, |
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judgment and sentence are rendered in accordance with the |
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conditions and the procedure established by Article 42.14(b). |
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SECTION 7. Chapter 51, Family Code, is amended by adding |
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Section 51.055 to read as follows: |
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Sec. 51.055. PROCEEDINGS BY VIDEOCONFERENCE. (a) Except |
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as provided by Subsection (b), a juvenile court may conduct all or |
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part of a hearing or other proceeding under this title by |
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videoconference, and may allow or require any party, attorney, |
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witness, court reporter, juror, or other participant in a |
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proceeding under this title to participate by videoconference in |
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the proceeding, if: |
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(1) the videoconference provides for a simultaneous, |
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compressed full motion video and for interactive communication of |
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image and sound between the judge, the attorney representing the |
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state, the child, and the child's attorney; and |
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(2) on request of the child, the child and the child's |
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attorney are able to communicate privately without being recorded |
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or heard by the judge or the attorney representing the state. |
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(b) The child and the attorney representing the state must |
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file with the juvenile court written consent to the use of |
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videoconference if: |
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(1) the applicable proceeding is a contested matter |
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involving witness testimony; or |
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(2) the United States Constitution or the Texas |
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Constitution otherwise requires that consent. |
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(c) The Office of Court Administration of the Texas Judicial |
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System shall provide guidance and assistance to the extent possible |
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to a juvenile court conducting by videoconference a proceeding |
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involving a jury. |
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(d) The judge of a juvenile court shall submit to the Office |
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of Court Administration of the Texas Judicial System a plan for |
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conducting proceedings under this title by videoconference. The |
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plan must: |
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(1) include protocols for handling physical evidence; |
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and |
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(2) require an unobstructed view of any party or |
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witness who provides testimony from a location that is different |
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from the location for the proceeding. |
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SECTION 8. Section 54.012(a), Family Code, is amended to |
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read as follows: |
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(a) A detention hearing under Section 54.01 may be held |
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using interactive video equipment if[: |
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[(1) the child and the child's attorney agree to the |
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video hearing; and |
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[(2)] the parties to the proceeding have the |
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opportunity to cross-examine witnesses. Consent of the parties is |
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not required for the detention hearing to be held in the manner |
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specified by this subsection, except as provided by Section |
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51.055(b). |
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SECTION 9. Section 54.012(b), Family Code, is repealed. |
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SECTION 10. The change in law made by this Act applies to a |
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proceeding that commences on or after the effective date of this |
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Act. A proceeding that commences before the effective date of this |
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Act is governed by the law in effect on the date the proceeding |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 11. This Act takes effect September 1, 2023. |