88R7019 MCF-D
 
  By: Bucy H.B. No. 5277
 
 
 
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.  (a)  Except as provided by
  Subsections (c) and (e), the [The] proceedings, including a
  proceeding under Article 15.17, and trials in all courts shall be
  public.
         (b)  For each criminal proceeding conducted in this state,
  the court shall publish the following information on its Internet
  website as soon as practicable before the proceeding:
               (1)  the defendant's name;
               (2)  the time and location of the proceeding;
               (3)  the purpose of the proceeding; and
               (4)  the manner in which the public may access the
  proceeding, including through videoconference technology for a
  proceeding that is closed under Subsection (c) or for a proceeding
  in a court described by Subsection (e).
         (c)  On motion of a party to a proceeding, the court may order
  the proceeding to be closed to some or all of the public if the court
  determines that:
               (1)  there exists a reasonable and substantial basis
  for believing that public access to the proceeding could harm or
  prejudice the party;
               (2)  the evidence supporting the closure is specific to
  the proceeding; and
               (3)  the harm or prejudice can be remedied only by
  excluding some or all of the public from the proceeding.
         (d)  An order under Subsection (c) may only close the
  proceeding to the extent necessary to remedy the harm or prejudice.  
  A court that orders a proceeding to be closed shall issue written
  findings of fact and conclusions of law stating that the evidence of
  potential harm or prejudice to a party clearly outweighs the public
  interest in the proceeding being open to the public as otherwise
  required under Subsection (a).
         (e)  A court that as of January 1, 2024, does not have the
  physical capacity to provide sufficient in-person public access to
  a proceeding shall provide public access by videoconference
  technology.  The videoconference technology must:
               (1)  include communication access realtime translation
  captioning as defined by Section 57.001, Government Code; and
               (2)  allow members of the public to discern the
  demeanor of the judge, the defendant, and any other participant in
  the proceeding.
         (f)  This article may not be construed as prohibiting a judge
  from placing reasonable limits on in-person access to the court to
  prevent overcrowding.
         (g)  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.
         (h)  A district court in which a petition or application is
  filed under Subsection (g) may award a plaintiff who substantially
  prevails in the action court costs and reasonable attorney's fees.  
  In exercising its discretion to award costs and fees, the district
  court shall consider whether the action was brought in good faith
  and whether the conduct of the court with respect to the proceeding
  had a reasonable basis in law.
         SECTION 2.  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 3.  This Act takes effect September 1, 2023.