| 1 | 1 | | S.B. No. 414 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to conducting by electronic means a hearing to determine a |
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| 6 | 6 | | defendant's ability to discharge certain fines and court costs. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 43.03, Code of Criminal Procedure, is |
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| 9 | 9 | | amended by adding Subsection (f) to read as follows: |
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| 10 | 10 | | (f) For purposes of a hearing described by Subsection (d), a |
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| 11 | 11 | | defendant may be brought before the court in person or by means of |
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| 12 | 12 | | an electronic broadcast system through which an image of the |
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| 13 | 13 | | defendant is presented to the court. For purposes of this |
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| 14 | 14 | | subsection, "electronic broadcast system" means a two-way |
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| 15 | 15 | | electronic communication of image and sound between the defendant |
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| 16 | 16 | | and the court and includes secure Internet videoconferencing. |
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| 17 | 17 | | SECTION 2. Article 45.046, Code of Criminal Procedure, is |
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| 18 | 18 | | amended by adding Subsection (c) to read as follows: |
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| 19 | 19 | | (c) For purposes of a hearing described by Subsection (a), a |
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| 20 | 20 | | defendant may be brought before the court in person or by means of |
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| 21 | 21 | | an electronic broadcast system through which an image of the |
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| 22 | 22 | | defendant is presented to the court. For purposes of this |
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| 23 | 23 | | subsection, "electronic broadcast system" means a two-way |
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| 24 | 24 | | electronic communication of image and sound between the defendant |
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| 25 | 25 | | and the court and includes secure Internet videoconferencing. |
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| 26 | 26 | | SECTION 3. The change in law made by this Act applies only |
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| 27 | 27 | | to a hearing held under Article 43.03 or 45.046, Code of Criminal |
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| 28 | 28 | | Procedure, on or after the effective date of this Act. A hearing |
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| 29 | 29 | | held under Article 43.03 or 45.046, Code of Criminal Procedure, |
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| 30 | 30 | | before the effective date of this Act is governed by the law in |
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| 31 | 31 | | effect at the time of the hearing, and the former law is continued |
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| 32 | 32 | | in effect for that purpose. |
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| 33 | 33 | | SECTION 4. This Act takes effect September 1, 2009. |
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| 34 | 34 | | ______________________________ ______________________________ |
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| 35 | 35 | | President of the Senate Speaker of the House |
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| 36 | 36 | | I hereby certify that S.B. No. 414 passed the Senate on |
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| 37 | 37 | | May 7, 2009, by the following vote: Yeas 31, Nays 0. |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Secretary of the Senate |
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| 40 | 40 | | I hereby certify that S.B. No. 414 passed the House on |
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| 41 | 41 | | May 26, 2009, by the following vote: Yeas 144, Nays 0, one present |
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| 42 | 42 | | not voting. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Chief Clerk of the House |
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| 45 | 45 | | Approved: |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Date |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Governor |
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