Texas 2023 - 88th Regular

Texas House Bill HB4622

Filed
3/9/23  
Out of House Committee
4/25/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the manner in which certain criminal and juvenile proceedings are conducted.

Impact

The implications of HB 4622 are significant, particularly in how it would alter existing protocols regarding court proceedings. By amending the Code of Criminal Procedure, the bill provides a legal framework for virtual hearings, which is expected to streamline processes and improve efficiency within the judicial system. Additionally, it encompasses provisions to ensure that defendants can communicate privately with their attorneys during videoconference sessions, safeguarding their rights throughout the legal process. These changes align with broader efforts to increase accessibility and reduce barriers in the justice system, especially in rural areas or for individuals with mobility issues.

Summary

House Bill 4622 aims to modernize the way certain criminal and juvenile proceedings are conducted in Texas by allowing for videoconference participation. This legislative initiative arose from the adaptations made during the COVID-19 pandemic, where remote court hearings became commonplace. The bill explicitly enables courts to conduct proceedings via videoconference, requiring consent from the involved parties in certain situations, particularly when witness testimony is present. This change is seen as a progressive step towards embracing technology in the judicial process, facilitating better access for defendants and participants unable to physically attend court.

Sentiment

The sentiment regarding HB 4622 appears to be predominantly positive among supporters who view this as a necessary modernization of legal proceedings. Advocates believe that the bill will align with contemporary practices and enhance the efficiency of the justice system. However, some concerns were raised about the potential risks of virtual hearings, specifically regarding the integrity of court proceedings and defendants’ rights. Overall, the conversation around the bill reflects a general appreciation for technological advancement in legal processes but also reveals apprehensions that must be carefully managed.

Contention

Notable points of contention center around the use of videoconferencing in contested cases that involve witness testimony. Critics argue that remote participation may compromise the traditional safeguards inherent in in-person hearings, such as the ability to assess witness credibility effectively. Additionally, there are concerns about ensuring clear communication and understanding between defendants and their attorneys during virtual interactions. The requirement for written consent in specific scenarios further complicates matters, revealing an ongoing debate about maintaining due process amid evolving technological frameworks.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: 13
    • Section: New Section
  • Chapter 27. The Pleading In Criminal Actions
    • Section: New Section
    • Section: 18
    • Section: 19
    • Section: New Section

Family Code

  • Chapter 51. General Provisions
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2041

Identical Relating to the manner in which certain criminal proceedings are conducted.

Similar Bills

TX SB2041

Relating to the manner in which certain criminal proceedings are conducted.

TX SB1521

Relating to recording certain criminal proceedings.

TX HB3637

Relating to recording certain criminal proceedings.

OK SB1298

Oklahoma Open Meeting Act; authorizing certain executive session and videoconferencing for Tax Commission. Effective date.

TX HB3165

Relating to certain pretrial procedures in criminal cases.

TX HB1752

Relating to a limitation on public access by livestream or videoconference to certain criminal proceedings involving evidence depicting an act of a sexual nature.

TX HB689

Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.

CA AB651

Juveniles: dependency: incarcerated parent.