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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. (a) Except as provided by |
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Subsections (c) and (e), the [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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(b) For each criminal proceeding conducted in this state, |
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the court shall publish the following information on its Internet |
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website as soon as practicable before the proceeding: |
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(1) the defendant's name; |
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(2) the time and location of the proceeding; |
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(3) the purpose of the proceeding; and |
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(4) the manner in which the public may access the |
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proceeding, including through videoconference technology for a |
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proceeding that is closed under Subsection (c) or for a proceeding |
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in a court described by Subsection (e). |
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(c) On motion of a party to a proceeding, the court may order |
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the proceeding to be closed to some or all of the public if the court |
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determines that: |
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(1) there exists a reasonable and substantial basis |
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for believing that public access to the proceeding could harm or |
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prejudice the party; |
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(2) the evidence supporting the closure is specific to |
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the proceeding; and |
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(3) the harm or prejudice can be remedied only by |
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excluding some or all of the public from the proceeding. |
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(d) An order under Subsection (c) may only close the |
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proceeding to the extent necessary to remedy the harm or prejudice. |
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A court that orders a proceeding to be closed shall issue written |
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findings of fact and conclusions of law stating that the evidence of |
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potential harm or prejudice to a party clearly outweighs the public |
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interest in the proceeding being open to the public as otherwise |
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required under Subsection (a). |
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(e) A court that as of January 1, 2024, does not have the |
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physical capacity to provide sufficient in-person public access to |
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a proceeding shall provide public access by videoconference |
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technology. The videoconference technology must: |
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(1) include communication access realtime translation |
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captioning as defined by Section 57.001, Government Code; and |
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(2) allow members of the public to discern the |
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demeanor of the judge, the defendant, and any other participant in |
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the proceeding. |
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(f) 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 to |
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prevent overcrowding. |
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(g) 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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(h) A district court in which a petition or application is |
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filed under Subsection (g) may award a plaintiff who substantially |
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prevails in the action court costs and reasonable attorney's fees. |
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In exercising its discretion to award costs and fees, the district |
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court shall consider whether the action was brought in good faith |
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and whether the conduct of the court with respect to the proceeding |
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had a reasonable basis in law. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |