Texas 2023 - 88th Regular

Texas House Bill HB4622 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22820 MCF-F
2	2	By: Leach H.B. No. 4622
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the manner in which certain criminal and juvenile
8	8	proceedings are conducted.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 1, Code of Criminal Procedure, is
11	11	amended by adding Article 1.027 to read as follows:
12	12	Art. 1.027. PROCEEDINGS BY VIDEOCONFERENCE. (a) Except as
13	13	provided by Subsection (b), a court may conduct all or part of a
14	14	proceeding under this code by videoconference, and may allow or
15	15	require any party, attorney, witness, court reporter, juror, or
16	16	other participant in a proceeding under this code to participate by
17	17	videoconference in the proceeding, if:
18	18	(1) the videoconference provides for a simultaneous,
19	19	compressed full motion video and for interactive communication of
20	20	image and sound between the judge, the attorney representing the
21	21	state, the defendant, and the defendant's attorney; and
22	22	(2) on request of the defendant, the defendant and the
23	23	defendant's attorney are able to communicate privately without
24	24	being recorded or heard by the judge or the attorney representing
25	25	the state.
26	26	(b) The defendant and the attorney representing the state
27	27	must file with the court written consent to the use of
28	28	videoconference if:
29	29	(1) the applicable proceeding is a contested matter
30	30	involving witness testimony; or
31	31	(2) the United States Constitution or the Texas
32	32	Constitution otherwise requires that consent.
33	33	SECTION 2. Article 1.13(a), Code of Criminal Procedure, is
34	34	amended to read as follows:
35	35	(a) The defendant in a criminal prosecution for any offense
36	36	other than a capital felony case in which the state notifies the
37	37	court and the defendant that it will seek the death penalty shall
38	38	have the right, upon entering a plea, to waive the right of trial by
39	39	jury, conditioned, however, that[, except as provided by Article
40	40	27.19,] the waiver must be made [in person] by the defendant in
41	41	writing in open court with the consent and approval of the court,
42	42	and the attorney representing the state. The consent and approval
43	43	by the court shall be entered of record on the minutes of the court,
44	44	and the consent and approval of the attorney representing the state
45	45	shall be in writing, signed by that attorney, and filed in the
46	46	papers of the cause before the defendant enters the defendant's
47	47	plea.
48	48	SECTION 3. Article 1.15, Code of Criminal Procedure, is
49	49	amended to read as follows:
50	50	Art. 1.15. JURY IN FELONY. No person can be convicted of a
51	51	felony except upon the verdict of a jury duly rendered and recorded,
52	52	unless the defendant, upon entering a plea, has in open court [in
53	53	person] waived the defendant's [his] right of trial by jury in
54	54	writing in accordance with Articles 1.13 and 1.14; provided,
55	55	however, that it shall be necessary for the state to introduce
56	56	evidence into the record showing the guilt of the defendant and said
57	57	evidence shall be accepted by the court as the basis for its
58	58	judgment and in no event shall a person charged be convicted upon
59	59	the defendant's [his] plea without sufficient evidence to support
60	60	the same. The evidence may be stipulated if the defendant in such
61	61	case consents in writing, in open court, to waive the appearance,
62	62	confrontation, and cross-examination of witnesses, and further
63	63	consents either to an oral stipulation of the evidence and
64	64	testimony or to the introduction of testimony by affidavits,
65	65	written statements of witnesses, and any other documentary evidence
66	66	in support of the judgment of the court. Such waiver and consent
67	67	must be approved by the court in writing, and be filed in the file of
68	68	the papers of the cause.
69	69	SECTION 4. Article 27.13, Code of Criminal Procedure, is
70	70	amended to read as follows:
71	71	Art. 27.13. PLEA OF GUILTY OR NOLO CONTENDERE IN FELONY. A
72	72	plea of "guilty" or a plea of "nolo contendere" in a felony case
73	73	must be made in open court by the defendant [in person]; and the
74	74	proceedings shall be as provided in Articles 26.13, 26.14 and
75	75	27.02. If the plea is before the judge alone, same may be made in
76	76	the same manner as is provided for by Articles 1.13 and 1.15.
77	77	SECTION 5. Articles 27.18(a), (b), and (d), Code of
78	78	Criminal Procedure, are amended to read as follows:
79	79	(a) A [Notwithstanding any provision of this code requiring
80	80	that a plea or a waiver of a defendant's right be made in open court,
81	81	a] court may accept the plea or waiver by videoconference to the
82	82	court if:
83	83	(1) [the defendant and the attorney representing the
84	84	state file with the court written consent to the use of
85	85	videoconference;
86	86	[(2)] the videoconference provides for a
87	87	simultaneous, compressed full motion video[,] and for interactive
88	88	communication of image and sound between the judge, the attorney
89	89	representing the state, the defendant, and the defendant's
90	90	attorney; and
91	91	(2) [(3)] on request of the defendant, the defendant
92	92	and the defendant's attorney are able to communicate privately
93	93	without being recorded or heard by the judge or the attorney
94	94	representing the state.
95	95	(b) Notwithstanding any other law, on [On] motion of the
96	96	defendant or the attorney representing the state or in the court's
97	97	discretion, the court may terminate an appearance by
98	98	videoconference at any time during the appearance and require an
99	99	appearance by the defendant in person in open court.
100	100	(d) For a [A] defendant who is confined in a county other
101	101	than the county in which charges against the defendant are pending,
102	102	[may use] the videoconference method provided by this article or by
103	103	Article 15.17 may be used to allow the entry of [to enter] a plea or
104	104	the waiver of [waive] a right in the court with jurisdiction over
105	105	the case.
106	106	SECTION 6. Article 27.19(a), Code of Criminal Procedure, is
107	107	amended to read as follows:
108	108	(a) Notwithstanding any other provision of this code, a
109	109	court shall accept a plea of guilty or nolo contendere from a
110	110	defendant who is confined in a penal institution if the plea is
111	111	made:
112	112	(1) in accordance with the procedure established by
113	113	Article 27.18; or
114	114	(2) in writing, including a writing delivered by
115	115	United States mail or secure electronic or facsimile transmission,
116	116	before the appropriate court having jurisdiction in the county in
117	117	which the penal institution is located, provided that:
118	118	(A) the defendant is notified by the court of
119	119	original jurisdiction of the right to counsel and the procedures
120	120	for requesting appointment of counsel, and is provided a reasonable
121	121	opportunity to request a court-appointed lawyer;
122	122	(B) if the defendant elects to proceed without
123	123	counsel, the defendant must waive the right to counsel in
124	124	accordance with Article 1.051; and
125	125	(C) [the defendant must waive the right to be
126	126	present at the taking of the plea or to have counsel present, if the
127	127	defendant has counsel; and
128	128	[(D)] if the defendant is charged with a felony,
129	129	judgment and sentence are rendered in accordance with the
130	130	conditions and the procedure established by Article 42.14(b).
131	131	SECTION 7. Chapter 51, Family Code, is amended by adding
132	132	Section 51.055 to read as follows:
133	133	Sec. 51.055. PROCEEDINGS BY VIDEOCONFERENCE. (a) Except
134	134	as provided by Subsection (b), a juvenile court may conduct all or
135	135	part of a hearing or other proceeding under this title by
136	136	videoconference, and may allow or require any party, attorney,
137	137	witness, court reporter, juror, or other participant in a
138	138	proceeding under this title to participate by videoconference in
139	139	the proceeding, if:
140	140	(1) the videoconference provides for a simultaneous,
141	141	compressed full motion video and for interactive communication of
142	142	image and sound between the judge, the attorney representing the
143	143	state, the child, and the child's attorney; and
144	144	(2) on request of the child, the child and the child's
145	145	attorney are able to communicate privately without being recorded
146	146	or heard by the judge or the attorney representing the state.
147	147	(b) The child and the attorney representing the state must
148	148	file with the juvenile court written consent to the use of
149	149	videoconference if:
150	150	(1) the applicable proceeding is a contested matter
151	151	involving witness testimony; or
152	152	(2) the United States Constitution or the Texas
153	153	Constitution otherwise requires that consent.
154	154	(c) The Office of Court Administration of the Texas Judicial
155	155	System shall provide guidance and assistance to the extent possible
156	156	to a juvenile court conducting by videoconference a proceeding
157	157	involving a jury.
158	158	(d) The judge of a juvenile court shall submit to the Office
159	159	of Court Administration of the Texas Judicial System a plan for
160	160	conducting proceedings under this title by videoconference. The
161	161	plan must:
162	162	(1) include protocols for handling physical evidence;
163	163	and
164	164	(2) require an unobstructed view of any party or
165	165	witness who provides testimony from a location that is different
166	166	from the location for the proceeding.
167	167	SECTION 8. Section 54.012(a), Family Code, is amended to
168	168	read as follows:
169	169	(a) A detention hearing under Section 54.01 may be held
170	170	using interactive video equipment if[:
171	171	[(1) the child and the child's attorney agree to the
172	172	video hearing; and
173	173	[(2)] the parties to the proceeding have the
174	174	opportunity to cross-examine witnesses. Consent of the parties is
175	175	not required for the detention hearing to be held in the manner
176	176	specified by this subsection, except as provided by Section
177	177	51.055(b).
178	178	SECTION 9. Section 54.012(b), Family Code, is repealed.
179	179	SECTION 10. The change in law made by this Act applies to a
180	180	proceeding that commences on or after the effective date of this
181	181	Act. A proceeding that commences before the effective date of this
182	182	Act is governed by the law in effect on the date the proceeding
183	183	commenced, and the former law is continued in effect for that
184	184	purpose.
185	185	SECTION 11. This Act takes effect September 1, 2023.