88R22820 MCF-F
By: Leach H.B. No. 4622
A BILL TO BE ENTITLED
AN ACT
relating to the manner in which certain criminal and juvenile
proceedings are conducted.
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. PROCEEDINGS BY VIDEOCONFERENCE. (a) Except as
provided by Subsection (b), a court may conduct all or part of a
proceeding under this code by videoconference, and may allow or
require any party, attorney, witness, court reporter, juror, or
other participant in a proceeding under this code to participate by
videoconference in the proceeding, if:
(1) the videoconference provides for a simultaneous,
compressed full motion video and for interactive communication of
image and sound between the judge, the attorney representing the
state, the defendant, and the defendant's attorney; and
(2) on request of the defendant, the defendant and the
defendant's attorney are able to communicate privately without
being recorded or heard by the judge or the attorney representing
the state.
(b) The defendant and the attorney representing the state
must file with the court written consent to the use of
videoconference if:
(1) the applicable proceeding is a contested matter
involving witness testimony; or
(2) the United States Constitution or the Texas
Constitution otherwise requires that consent.
SECTION 2. 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 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 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. 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
shall be in writing, signed by that attorney, and filed in the
papers of the cause before the defendant enters the defendant's
plea.
SECTION 3. Article 1.15, Code of Criminal Procedure, is
amended to read as follows:
Art. 1.15. JURY IN FELONY. No person can be convicted of a
felony except upon the verdict of a jury duly rendered and recorded,
unless the defendant, upon entering a plea, has in open court [in
person] waived the defendant's [his] right of trial by jury in
writing in accordance with Articles 1.13 and 1.14; provided,
however, that it shall be necessary for the state to introduce
evidence into the record showing the guilt of the defendant and said
evidence shall be accepted by the court as the basis for its
judgment and in no event shall a person charged be convicted upon
the defendant's [his] plea without sufficient evidence to support
the same. The evidence may be stipulated if the defendant in such
case consents in writing, in open court, to waive the appearance,
confrontation, and cross-examination of witnesses, and further
consents either to an oral stipulation of the evidence and
testimony or to the introduction of testimony by affidavits,
written statements of witnesses, and any other documentary evidence
in support of the judgment of the court. Such waiver and consent
must be approved by the court in writing, and be filed in the file of
the papers of the cause.
SECTION 4. Article 27.13, Code of Criminal Procedure, is
amended to read as follows:
Art. 27.13. PLEA OF GUILTY OR NOLO CONTENDERE IN FELONY. A
plea of "guilty" or a plea of "nolo contendere" in a felony case
must be made in open court by the defendant [in person]; and the
proceedings shall be as provided in Articles 26.13, 26.14 and
27.02. If the plea is before the judge alone, same may be made in
the same manner as is provided for by Articles 1.13 and 1.15.
SECTION 5. Articles 27.18(a), (b), and (d), Code of
Criminal Procedure, are amended to read as follows:
(a) A [Notwithstanding any provision of this code requiring
that a plea or a waiver of a defendant's right be made in open court,
a] court may accept the plea or waiver by videoconference to the
court if:
(1) [the defendant and the attorney representing the
state file with the court written consent to the use of
videoconference;
[(2)] the videoconference provides for a
simultaneous, compressed full motion video[,] and for interactive
communication of image and sound between the judge, the attorney
representing the state, the defendant, and the defendant's
attorney; and
(2) [(3)] on request of the defendant, the defendant
and the defendant's attorney are able to communicate privately
without being recorded or heard by the judge or the attorney
representing the state.
(b) Notwithstanding any other law, on [On] motion of the
defendant or the attorney representing the state or in the court's
discretion, the court may terminate an appearance by
videoconference at any time during the appearance and require an
appearance by the defendant in person in open court.
(d) For a [A] defendant who is confined in a county other
than the county in which charges against the defendant are pending,
[may use] the videoconference method provided by this article or by
Article 15.17 may be used to allow the entry of [to enter] a plea or
the waiver of [waive] a right in the court with jurisdiction over
the case.
SECTION 6. Article 27.19(a), Code of Criminal Procedure, is
amended to read as follows:
(a) Notwithstanding any other provision of this code, a
court shall accept a plea of guilty or nolo contendere from a
defendant who is confined in a penal institution if the plea is
made:
(1) in accordance with the procedure established by
Article 27.18; or
(2) in writing, including a writing delivered by
United States mail or secure electronic or facsimile transmission,
before the appropriate court having jurisdiction in the county in
which the penal institution is located, provided that:
(A) the defendant is notified by the court of
original jurisdiction of the right to counsel and the procedures
for requesting appointment of counsel, and is provided a reasonable
opportunity to request a court-appointed lawyer;
(B) if the defendant elects to proceed without
counsel, the defendant must waive the right to counsel in
accordance with Article 1.051; and
(C) [the defendant must waive the right to be
present at the taking of the plea or to have counsel present, if the
defendant has counsel; and
[(D)] if the defendant is charged with a felony,
judgment and sentence are rendered in accordance with the
conditions and the procedure established by Article 42.14(b).
SECTION 7. Chapter 51, Family Code, is amended by adding
Section 51.055 to read as follows:
Sec. 51.055. PROCEEDINGS BY VIDEOCONFERENCE. (a) Except
as provided by Subsection (b), a juvenile court may conduct all or
part of a hearing or other proceeding under this title by
videoconference, and may allow or require any party, attorney,
witness, court reporter, juror, or other participant in a
proceeding under this title to participate by videoconference in
the proceeding, if:
(1) the videoconference provides for a simultaneous,
compressed full motion video and for interactive communication of
image and sound between the judge, the attorney representing the
state, the child, and the child's attorney; and
(2) on request of the child, the child and the child's
attorney are able to communicate privately without being recorded
or heard by the judge or the attorney representing the state.
(b) The child and the attorney representing the state must
file with the juvenile court written consent to the use of
videoconference if:
(1) the applicable proceeding is a contested matter
involving witness testimony; or
(2) the United States Constitution or the Texas
Constitution otherwise requires that consent.
(c) The Office of Court Administration of the Texas Judicial
System shall provide guidance and assistance to the extent possible
to a juvenile court conducting by videoconference a proceeding
involving a jury.
(d) The judge of a juvenile court shall submit to the Office
of Court Administration of the Texas Judicial System a plan for
conducting proceedings under this title by videoconference. The
plan must:
(1) include protocols for handling physical evidence;
and
(2) require an unobstructed view of any party or
witness who provides testimony from a location that is different
from the location for the proceeding.
SECTION 8. Section 54.012(a), Family Code, is amended to
read as follows:
(a) A detention hearing under Section 54.01 may be held
using interactive video equipment if[:
[(1) the child and the child's attorney agree to the
video hearing; and
[(2)] the parties to the proceeding have the
opportunity to cross-examine witnesses. Consent of the parties is
not required for the detention hearing to be held in the manner
specified by this subsection, except as provided by Section
51.055(b).
SECTION 9. Section 54.012(b), Family Code, is repealed.
SECTION 10. The change in law made by this Act applies to a
proceeding that commences on or after the effective date of this
Act. A proceeding that commences 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 11. This Act takes effect September 1, 2023.