By: Carona S.B. No. 414
A BILL TO BE ENTITLED
AN ACT
relating to conducting by electronic means a hearing to determine a
defendant's ability to discharge certain fines and court costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 43.03, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) For purposes of a hearing described by Subsection (d), a
defendant may be brought before the court in person or by means of
an electronic broadcast system through which an image of the
defendant is presented to the court. For purposes of this
subsection, "electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
SECTION 2. Article 45.046, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) For purposes of a hearing described by Subsection (a), a
defendant may be brought before the court in person or by means of
an electronic broadcast system through which an image of the
defendant is presented to the court. For purposes of this
subsection, "electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
SECTION 3. The change in law made by this Act applies only
to a hearing held under Article 43.03 or 45.046, Code of Criminal
Procedure, on or after the effective date of this Act. A hearing
held under Article 43.03 or 45.046, Code of Criminal Procedure,
before the effective date of this Act is governed by the law in
effect at the time of the hearing, and the former law is continued
in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.