81R5297 KCR-D
By: Madden H.B. No. 1480
A BILL TO BE ENTITLED
AN ACT
relating to the use of video teleconferencing systems in certain
criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 20.011(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Only the following persons may be present in a grand
jury room while the grand jury is conducting proceedings:
(1) grand jurors;
(2) bailiffs;
(3) the attorney representing the state;
(4) witnesses while being examined or when necessary
to assist the attorney representing the state in examining other
witnesses or presenting evidence to the grand jury;
(5) interpreters, if necessary; [and]
(6) a stenographer or person operating an electronic
recording device, as provided by Article 20.012; and
(7) a person operating a video teleconferencing system
for use under Article 20.151.
SECTION 2. Article 20.02(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A grand juror, bailiff, interpreter, stenographer or
person operating an electronic recording device, [or] person
preparing a typewritten transcription of a stenographic or
electronic recording, or person operating a video teleconferencing
system for use under Article 20.151 who discloses anything
transpiring before the grand jury, regardless of whether the thing
transpiring is recorded, in the course of the official duties of the
grand jury, is [shall be] liable to a fine as for contempt of the
court, not exceeding $500 [five hundred dollars], imprisonment not
exceeding 30 [thirty] days, or both the [such] fine and
imprisonment.
SECTION 3. Chapter 20, Code of Criminal Procedure, is
amended by adding Article 20.151 to read as follows:
Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING.
(a) With the consent of the foreman of the grand jury and the
attorney representing the state, a peace officer summoned to
testify before the grand jury may testify through the use of a
closed circuit video teleconferencing system that provides an
encrypted, simultaneous, compressed full motion video and
interactive communication of image and sound between the peace
officer, the attorney representing the state, and the grand jury.
(b) In addition to being administered the oath described by
Article 20.16(a), before being interrogated, a peace officer
testifying through the use of a closed circuit video
teleconferencing system under this article shall affirm that:
(1) no person other than a person in the grand jury
room is capable of hearing the peace officer's testimony; and
(2) the peace officer's testimony is not being
recorded or otherwise preserved by any person at the location from
which the peace officer is testifying.
(c) Testimony received from a peace officer under this
article shall be recorded in the same manner as other testimony
taken before the grand jury.
SECTION 4. Article 27.18, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) A recording of the communication shall be made and
preserved until all appellate proceedings have been disposed of. A
court reporter or court recorder is not required to record a plea
taken under this article, unless the defendant or attorney
representing the state requests the presence of a court reporter or
court recorder.
(c-1) The defendant may obtain a copy of a [the] recording
made under Subsection (c) on payment of a reasonable amount to cover
the costs of reproduction or, if the defendant is indigent, the
court shall provide a copy to the defendant without charging a cost
for the copy. The loss or destruction of or failure to make a video
recording of a plea entered under this article is not alone
sufficient grounds for a defendant to withdraw the defendant's plea
or to request the court to set aside a conviction or sentence based
on the plea.
SECTION 5. Chapter 27, Code of Criminal Procedure, is
amended by adding Article 27.19 to read as follows:
Art. 27.19. PLEA BY CERTAIN INMATES. Notwithstanding any
other provision of this code, a court shall accept a plea of guilty
or nolo contendere under the procedure established by Article 27.18
from an inmate who is incarcerated in a facility operated by or
under contract with the Texas Department of Criminal Justice.
SECTION 6. Article 38.073, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a
proceeding in the prosecution of a criminal offense in which an
inmate in the custody of the Texas Department of Criminal Justice is
required to testify as a witness, any deposition or testimony of the
inmate witness may be conducted by a video teleconferencing system
in the manner described by Article 27.18 [electronic means, in the
same manner as permitted in civil cases under Section 30.012, Civil
Practice and Remedies Code].
SECTION 7. Articles 20.011(a) and 20.02(b), Code of
Criminal Procedure, as amended by this Act, and Article 20.151,
Code of Criminal Procedure, as added by this Act, apply only to
testimony before a grand jury that is impaneled on or after the
effective date of this Act.
SECTION 8. Article 27.18, Code of Criminal Procedure, as
amended by this Act, and Article 27.19, Code of Criminal Procedure,
as added by this Act, apply to a plea of guilty or nolo contendere
entered on or after the effective date of this Act, regardless of
whether the offense with reference to which the plea is entered is
committed before, on, or after that date.
SECTION 9. Article 38.073, Code of Criminal Procedure, as
amended by this Act, applies only to the testimony of an inmate
witness that is taken on or after the effective date of this Act.
SECTION 10. This Act takes effect September 1, 2009.