Texas 2023 - 88th Regular

Texas House Bill HB5277

Filed
3/10/23  
Out of House Committee
5/2/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to public access to criminal proceedings.

Impact

If enacted, HB 5277 will amend existing laws in the Code of Criminal Procedure pertaining to the public's right to access court proceedings. Specifically, starting January 1, 2024, all criminal proceedings must either be held in a manner accessible to the public or be streamed online to ensure public participation. This means that courts without the capability for in-person attendance will need to adapt and develop technological solutions to meet these requirements, potentially leading to increased operational responsibilities for the judicial system.

Summary

House Bill 5277 aims to enhance public access to criminal proceedings in Texas by ensuring that all court proceedings, including initial appearances, are open to the public. This bill mandates that if a physical location does not allow public access, courts must offer live streaming of the proceedings. The intention of the bill is to promote transparency within the judicial system, reinforcing the principle that trials should be conducted in a manner that allows public oversight and engagement.

Sentiment

The sentiment surrounding HB 5277 has been generally positive among proponents who view it as a necessary reform to ensure transparency in the justice system. Supporters argue that access to legal proceedings is crucial for accountability and public trust in the judicial process. However, there are concerns raised regarding potential implementation challenges, particularly in rural areas where technological resources may be limited. Critics fear that the requirement for live streaming may impose undue burdens on some courts.

Contention

Notable points of contention include the balance between public access and security concerns within courtrooms. Although the bill emphasizes transparency, it also allows judges discretion to impose reasonable limitations on in-person attendance to prevent overcrowding and ensure safety. This aspect of the legislation may lead to disputes over what constitutes reasonable limits, potentially impacting the intended open access to judicial proceedings.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 1. General Provisions
    • Section: 24
    • Section: 24
  • Chapter 15. Arrest Under Warrant
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB1712

Relating to the representation of an indigent person in certain criminal proceedings.

TX HB2999

Relating to the exclusion of certain witnesses during a criminal proceeding.

TX HB96

Relating to the exclusion of certain witnesses during a criminal proceeding.

TX SB1011

Relating to the exclusion of certain witnesses during a criminal proceeding.

TX HB1456

Relating to the appointment of counsel to represent an indigent person in certain criminal proceedings.

TX HB643

Relating to the procedures for discharging bail in certain criminal proceedings.

TX HB1764

Relating to the exclusion of certain witnesses during a criminal proceeding.

TX HB3224

Relating to the exclusion of certain witnesses during a criminal proceeding.

Similar Bills

No similar bills found.