By: Carter, et al. (Senate Sponsor - Carona) H.B. No. 976
(In the Senate - Received from the House April 27, 2011;
May 2, 2011, read first time and referred to Committee on Criminal
Justice; May 12, 2011, reported favorably by the following vote:
Yeas 7, Nays 0; May 12, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a warrant or summons by a magistrate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.03, Code of Criminal Procedure, is
amended by adding Subsections (c), (d), (e), and (f) to read as
follows:
(c) For purposes of Subdivision 2, Subsection (a), a person
may appear before the magistrate in person or the person's image may
be presented to the magistrate through an electronic broadcast
system.
(d) A recording of the communication between the person and
the magistrate must be made if the person's image is presented
through an electronic broadcast system under Subsection (c). If
the defendant is charged with the offense, the recording must be
preserved until:
(1) the defendant is acquitted of the offense; or
(2) all appeals relating to the offense have been
exhausted.
(e) The counsel for the defendant may obtain a copy of the
recording on payment of an amount reasonably necessary to cover the
costs of reproducing the recording.
(f) In this article, "electronic broadcast system" means a
two-way electronic communication of image and sound between a
person and magistrate and includes secure Internet
videoconferencing.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
* * * * *