88R7019 MCF-D
By: Bucy H.B. No. 5277
A BILL TO BE ENTITLED
AN ACT
relating to public access to criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 1.24, Code of Criminal Procedure, is
amended to read as follows:
Art. 1.24. PUBLIC TRIAL. (a) Except as provided by
Subsections (c) and (e), the [The] proceedings, including a
proceeding under Article 15.17, and trials in all courts shall be
public.
(b) For each criminal proceeding conducted in this state,
the court shall publish the following information on its Internet
website as soon as practicable before the proceeding:
(1) the defendant's name;
(2) the time and location of the proceeding;
(3) the purpose of the proceeding; and
(4) the manner in which the public may access the
proceeding, including through videoconference technology for a
proceeding that is closed under Subsection (c) or for a proceeding
in a court described by Subsection (e).
(c) On motion of a party to a proceeding, the court may order
the proceeding to be closed to some or all of the public if the court
determines that:
(1) there exists a reasonable and substantial basis
for believing that public access to the proceeding could harm or
prejudice the party;
(2) the evidence supporting the closure is specific to
the proceeding; and
(3) the harm or prejudice can be remedied only by
excluding some or all of the public from the proceeding.
(d) An order under Subsection (c) may only close the
proceeding to the extent necessary to remedy the harm or prejudice.
A court that orders a proceeding to be closed shall issue written
findings of fact and conclusions of law stating that the evidence of
potential harm or prejudice to a party clearly outweighs the public
interest in the proceeding being open to the public as otherwise
required under Subsection (a).
(e) A court that as of January 1, 2024, does not have the
physical capacity to provide sufficient in-person public access to
a proceeding shall provide public access by videoconference
technology. The videoconference technology must:
(1) include communication access realtime translation
captioning as defined by Section 57.001, Government Code; and
(2) allow members of the public to discern the
demeanor of the judge, the defendant, and any other participant in
the proceeding.
(f) This article may not be construed as prohibiting a judge
from placing reasonable limits on in-person access to the court to
prevent overcrowding.
(g) Any person, including a member of the media, or the
attorney general may file a petition for a writ of mandamus or apply
for other appropriate equitable relief to enforce the right of the
public to access a proceeding in accordance with this article. The
petition or application must be filed in:
(1) a district court in the county in which the court
conducting the applicable proceeding is located; or
(2) if filed by the attorney general, a district court
in Travis County.
(h) A district court in which a petition or application is
filed under Subsection (g) may award a plaintiff who substantially
prevails in the action court costs and reasonable attorney's fees.
In exercising its discretion to award costs and fees, the district
court shall consider whether the action was brought in good faith
and whether the conduct of the court with respect to the proceeding
had a reasonable basis in law.
SECTION 2. The change in law made by this Act applies only
to a criminal proceeding that commences on or after January 1, 2024.
A criminal proceeding that commenced before January 1, 2024, is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.