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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 proceedings are |
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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 proceedings under |
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this code by videoconference if: |
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(1) the videoconference provides for a simultaneous, |
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compressed full motion video, and 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 the applicable proceeding is a contested matter |
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involving witness testimony. |
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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 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. The change in law made by this Act applies to a |
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criminal proceeding that commences on or after the effective date |
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of this Act. A criminal proceeding that commences 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 8. This Act takes effect September 1, 2023. |