| 1 | 1 | | 88R18984 MCF-F |
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| 2 | 2 | | By: Herrero H.B. No. 3817 |
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| 3 | 3 | | Substitute the following for H.B. No. 3817: |
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| 4 | 4 | | By: Moody C.S.H.B. No. 3817 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a court requiring a defendant confined in a penal |
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| 10 | 10 | | institution to appear by videoconference for certain pretrial |
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| 11 | 11 | | proceedings. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 1, Code of Criminal Procedure, is |
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| 14 | 14 | | amended by adding Article 1.027 to read as follows: |
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| 15 | 15 | | Art. 1.027. PRESENCE BY VIDEOCONFERENCE. (a) In this |
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| 16 | 16 | | article, "pretrial proceeding" means a pretrial hearing, including |
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| 17 | 17 | | an arraignment, other than a hearing or arraignment at which: |
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| 18 | 18 | | (1) a plea of guilty or nolo contendere is entered; or |
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| 19 | 19 | | (2) evidence, including sworn testimony, is received |
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| 20 | 20 | | by the court. |
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| 21 | 21 | | (b) Notwithstanding any other provision of this code, a |
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| 22 | 22 | | court may require a defendant without the defendant's consent to |
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| 23 | 23 | | appear, for any pretrial proceeding related to the prosecution of a |
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| 24 | 24 | | criminal offense, by videoconference in the manner described by |
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| 25 | 25 | | Article 27.18 if the defendant is confined in a penal institution at |
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| 26 | 26 | | the time of the proceeding. |
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| 27 | 27 | | (c) If, on a motion from the defendant or attorney |
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| 28 | 28 | | representing the state or on the court's own motion, the court |
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| 29 | 29 | | determines that the defendant's circumstances require the |
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| 30 | 30 | | defendant's physical presence in the courtroom for a pretrial |
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| 31 | 31 | | proceeding, the court shall continue the proceeding until the |
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| 32 | 32 | | defendant is physically present in the courtroom. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to a criminal proceeding that commences on or after the effective |
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| 35 | 35 | | date of this Act. A criminal proceeding that commenced before the |
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| 36 | 36 | | effective date of this Act is governed by the law in effect on the |
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| 37 | 37 | | date the proceeding commenced, and the former law is continued in |
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| 38 | 38 | | effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2023. |
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