Texas 2009 - 81st Regular

Texas House Bill HB1480 Compare Versions

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1	1	81R5297 KCR-D
2	2	By: Madden H.B. No. 1480
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of video teleconferencing systems in certain
8	8	criminal proceedings.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 20.011(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) Only the following persons may be present in a grand
13	13	jury room while the grand jury is conducting proceedings:
14	14	(1) grand jurors;
15	15	(2) bailiffs;
16	16	(3) the attorney representing the state;
17	17	(4) witnesses while being examined or when necessary
18	18	to assist the attorney representing the state in examining other
19	19	witnesses or presenting evidence to the grand jury;
20	20	(5) interpreters, if necessary; [and]
21	21	(6) a stenographer or person operating an electronic
22	22	recording device, as provided by Article 20.012; and
23	23	(7) a person operating a video teleconferencing system
24	24	for use under Article 20.151.
25	25	SECTION 2. Article 20.02(b), Code of Criminal Procedure, is
26	26	amended to read as follows:
27	27	(b) A grand juror, bailiff, interpreter, stenographer or
28	28	person operating an electronic recording device, [or] person
29	29	preparing a typewritten transcription of a stenographic or
30	30	electronic recording, or person operating a video teleconferencing
31	31	system for use under Article 20.151 who discloses anything
32	32	transpiring before the grand jury, regardless of whether the thing
33	33	transpiring is recorded, in the course of the official duties of the
34	34	grand jury, is [shall be] liable to a fine as for contempt of the
35	35	court, not exceeding $500 [five hundred dollars], imprisonment not
36	36	exceeding 30 [thirty] days, or both the [such] fine and
37	37	imprisonment.
38	38	SECTION 3. Chapter 20, Code of Criminal Procedure, is
39	39	amended by adding Article 20.151 to read as follows:
40	40	Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING.
41	41	(a) With the consent of the foreman of the grand jury and the
42	42	attorney representing the state, a peace officer summoned to
43	43	testify before the grand jury may testify through the use of a
44	44	closed circuit video teleconferencing system that provides an
45	45	encrypted, simultaneous, compressed full motion video and
46	46	interactive communication of image and sound between the peace
47	47	officer, the attorney representing the state, and the grand jury.
48	48	(b) In addition to being administered the oath described by
49	49	Article 20.16(a), before being interrogated, a peace officer
50	50	testifying through the use of a closed circuit video
51	51	teleconferencing system under this article shall affirm that:
52	52	(1) no person other than a person in the grand jury
53	53	room is capable of hearing the peace officer's testimony; and
54	54	(2) the peace officer's testimony is not being
55	55	recorded or otherwise preserved by any person at the location from
56	56	which the peace officer is testifying.
57	57	(c) Testimony received from a peace officer under this
58	58	article shall be recorded in the same manner as other testimony
59	59	taken before the grand jury.
60	60	SECTION 4. Article 27.18, Code of Criminal Procedure, is
61	61	amended by amending Subsection (c) and adding Subsection (c-1) to
62	62	read as follows:
63	63	(c) A recording of the communication shall be made and
64	64	preserved until all appellate proceedings have been disposed of. A
65	65	court reporter or court recorder is not required to record a plea
66	66	taken under this article, unless the defendant or attorney
67	67	representing the state requests the presence of a court reporter or
68	68	court recorder.
69	69	(c-1) The defendant may obtain a copy of a [the] recording
70	70	made under Subsection (c) on payment of a reasonable amount to cover
71	71	the costs of reproduction or, if the defendant is indigent, the
72	72	court shall provide a copy to the defendant without charging a cost
73	73	for the copy. The loss or destruction of or failure to make a video
74	74	recording of a plea entered under this article is not alone
75	75	sufficient grounds for a defendant to withdraw the defendant's plea
76	76	or to request the court to set aside a conviction or sentence based
77	77	on the plea.
78	78	SECTION 5. Chapter 27, Code of Criminal Procedure, is
79	79	amended by adding Article 27.19 to read as follows:
80	80	Art. 27.19. PLEA BY CERTAIN INMATES. Notwithstanding any
81	81	other provision of this code, a court shall accept a plea of guilty
82	82	or nolo contendere under the procedure established by Article 27.18
83	83	from an inmate who is incarcerated in a facility operated by or
84	84	under contract with the Texas Department of Criminal Justice.
85	85	SECTION 6. Article 38.073, Code of Criminal Procedure, is
86	86	amended to read as follows:
87	87	Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a
88	88	proceeding in the prosecution of a criminal offense in which an
89	89	inmate in the custody of the Texas Department of Criminal Justice is
90	90	required to testify as a witness, any deposition or testimony of the
91	91	inmate witness may be conducted by a video teleconferencing system
92	92	in the manner described by Article 27.18 [electronic means, in the
93	93	same manner as permitted in civil cases under Section 30.012, Civil
94	94	Practice and Remedies Code].
95	95	SECTION 7. Articles 20.011(a) and 20.02(b), Code of
96	96	Criminal Procedure, as amended by this Act, and Article 20.151,
97	97	Code of Criminal Procedure, as added by this Act, apply only to
98	98	testimony before a grand jury that is impaneled on or after the
99	99	effective date of this Act.
100	100	SECTION 8. Article 27.18, Code of Criminal Procedure, as
101	101	amended by this Act, and Article 27.19, Code of Criminal Procedure,
102	102	as added by this Act, apply to a plea of guilty or nolo contendere
103	103	entered on or after the effective date of this Act, regardless of
104	104	whether the offense with reference to which the plea is entered is
105	105	committed before, on, or after that date.
106	106	SECTION 9. Article 38.073, Code of Criminal Procedure, as
107	107	amended by this Act, applies only to the testimony of an inmate
108	108	witness that is taken on or after the effective date of this Act.
109	109	SECTION 10. This Act takes effect September 1, 2009.