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A BILL TO BE ENTITLED
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AN ACT
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relating to public access to criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 1.24, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 1.24. PUBLIC TRIAL. The proceedings, including a |
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proceeding under Article 15.17, and trials in all courts shall be |
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public. |
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SECTION 2. Chapter 15, Code of Criminal Procedure, is |
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amended by adding Article 15.1705 to read as follows: |
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Art. 15.1705. REQUIREMENTS FOR CERTAIN PROCEEDINGS |
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CONDUCTED BEFORE MAGISTRATE. (a) For each proceeding conducted |
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under Article 15.17, as soon as practicable before the proceeding |
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the court shall publish the following information on its Internet |
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website or at the location where the proceeding will be held: |
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(1) the manner in which the public may inquire about a |
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specific arrested person or proceeding; |
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(2) the time, if known, and location of the |
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proceeding; and |
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(3) the manner in which the public may access the |
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proceeding, including the Internet website link for the live stream |
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or videoconference, if applicable. |
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(b) A court that as of January 1, 2024, does not have the |
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physical capability to provide in-person public access to a |
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proceeding under Article 15.17 shall provide public access by live |
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stream or videoconference. The live stream or videoconference must |
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allow members of the public to clearly see and hear the proceeding. |
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(c) This article may not be construed as prohibiting a judge |
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from placing reasonable limits on in-person access to the court for |
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safety or to prevent overcrowding. |
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(d) Any person, including a member of the media, or the |
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attorney general may file a petition for a writ of mandamus or apply |
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for other appropriate equitable relief to enforce the right of the |
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public to access a proceeding in accordance with this article. The |
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petition or application must be filed in: |
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(1) a district court in the county in which the court |
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conducting the applicable proceeding is located; or |
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(2) if filed by the attorney general, a district court |
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in Travis County. |
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SECTION 3. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after January 1, 2024. |
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A criminal proceeding that commenced before January 1, 2024, is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |