H.B. No. 2847
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 1.13(a), Code of Criminal Procedure, is
amended to read as follows:
(a) The defendant in a criminal prosecution for any offense
other than a capital felony case in which the state [State] notifies
the court and the defendant that it will seek the death penalty
shall have the right, upon entering a plea, to waive the right of
trial by jury, conditioned, however, that, except as provided by
Article 27.19, the [such] waiver must be made in person by the
defendant in writing in open court with the consent and approval of
the court, and the attorney representing the state [State]. The
consent and approval by the court shall be entered of record on the
minutes of the court, and the consent and approval of the attorney
representing the state [State] shall be in writing, signed by that
attorney [him], and filed in the papers of the cause before the
defendant enters the defendant's [his] plea.
SECTION 2. 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 3. 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 4. 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 5. Article 27.18, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) A record [recording] of the communication shall be made
by a court reporter and preserved by the court reporter until all
appellate proceedings have been disposed of. The defendant may
obtain a copy of the record [recording] 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.
(c-1) The loss or destruction of or failure to make a record
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 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. Article 102.017(d-1), Code of Criminal
Procedure, is amended to read as follows:
(d-1) For purposes of this article, the term "security
personnel, services, and items" includes:
(1) the purchase or repair of X-ray machines and
conveying systems;
(2) handheld metal detectors;
(3) walkthrough metal detectors;
(4) identification cards and systems;
(5) electronic locking and surveillance equipment;
(6) video teleconferencing systems;
(7) bailiffs, deputy sheriffs, deputy constables, or
contract security personnel during times when they are providing
appropriate security services;
(8) [(7)] signage;
(9) [(8)] confiscated weapon inventory and tracking
systems;
(10) [(9)] locks, chains, alarms, or similar security
devices;
(11) [(10)] the purchase or repair of bullet-proof
glass; and
(12) [(11)] continuing education on security issues
for court personnel and security personnel.
SECTION 8. 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 9. Article 27.18, Code of Criminal Procedure, as
amended by this Act, applies 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 10. 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 11. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2847 was passed by the House on May 3,
2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2847 on May 28, 2011, by the following vote: Yeas 147, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2847 was passed by the Senate, with
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor