S.B. No. 414
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 414 passed the Senate on
May 7, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 414 passed the House on
May 26, 2009, by the following vote: Yeas 144, Nays 0, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor