88R18984 MCF-F
By: Herrero H.B. No. 3817
Substitute the following for H.B. No. 3817:
By: Moody C.S.H.B. No. 3817
A BILL TO BE ENTITLED
AN ACT
relating to a court requiring a defendant confined in a penal
institution to appear by videoconference for certain pretrial
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Code of Criminal Procedure, is
amended by adding Article 1.027 to read as follows:
Art. 1.027. PRESENCE BY VIDEOCONFERENCE. (a) In this
article, "pretrial proceeding" means a pretrial hearing, including
an arraignment, other than a hearing or arraignment at which:
(1) a plea of guilty or nolo contendere is entered; or
(2) evidence, including sworn testimony, is received
by the court.
(b) Notwithstanding any other provision of this code, a
court may require a defendant without the defendant's consent to
appear, for any pretrial proceeding related to the prosecution of a
criminal offense, by videoconference in the manner described by
Article 27.18 if the defendant is confined in a penal institution at
the time of the proceeding.
(c) If, on a motion from the defendant or attorney
representing the state or on the court's own motion, the court
determines that the defendant's circumstances require the
defendant's physical presence in the courtroom for a pretrial
proceeding, the court shall continue the proceeding until the
defendant is physically present in the courtroom.
SECTION 2. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commenced before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.