| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to public access to criminal proceedings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 1.24, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 1.24. PUBLIC TRIAL. The proceedings, including a |
|
|
proceeding under Article 15.17, and trials in all courts shall be |
|
|
public. |
|
|
SECTION 2. Chapter 15, Code of Criminal Procedure, is |
|
|
amended by adding Article 15.1705 to read as follows: |
|
|
Art. 15.1705. REQUIREMENTS FOR CERTAIN PROCEEDINGS |
|
|
CONDUCTED BEFORE MAGISTRATE. (a) For each proceeding conducted |
|
|
under Article 15.17, as soon as practicable before the proceeding |
|
|
the court shall publish the following information on its Internet |
|
|
website or at the location where the proceeding will be held: |
|
|
(1) the manner in which the public may inquire about a |
|
|
specific arrested person or proceeding; |
|
|
(2) the time, if known, and location of the |
|
|
proceeding; and |
|
|
(3) the manner in which the public may access the |
|
|
proceeding, including the Internet website link for the live stream |
|
|
or videoconference, if applicable. |
|
|
(b) A court that as of January 1, 2024, does not have the |
|
|
physical capability, or is located in a secured facility without |
|
|
the physical capability, to provide in-person public access to a |
|
|
proceeding under Article 15.17 may provide public access by live |
|
|
stream or videoconference. A live stream or videoconference must |
|
|
allow members of the public to clearly see and hear the proceeding. |
|
|
(c) This article may not be construed as prohibiting a judge |
|
|
from placing reasonable limits on in-person access to the court for |
|
|
safety or to prevent overcrowding. |
|
|
(d) Any person, including a member of the media, or the |
|
|
attorney general may file a petition for a writ of mandamus or apply |
|
|
for other appropriate equitable relief to enforce the right of the |
|
|
public to access a proceeding in accordance with this article. The |
|
|
petition or application must be filed in: |
|
|
(1) a district court in the county in which the court |
|
|
conducting the applicable proceeding is located; or |
|
|
(2) if filed by the attorney general, a district court |
|
|
in Travis County. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a criminal proceeding that commences on or after January 1, 2024. |
|
|
A criminal proceeding that commenced before January 1, 2024, is |
|
|
governed by the law in effect immediately before the effective date |
|
|
of this Act, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |