| 1 | 1 | | By: Bucy, Moody, Cain H.B. No. 5277 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to public access to criminal proceedings. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 1.24, Code of Criminal Procedure, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Art. 1.24. PUBLIC TRIAL. The proceedings, including a |
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| 11 | 11 | | proceeding under Article 15.17, and trials in all courts shall be |
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| 12 | 12 | | public. |
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| 13 | 13 | | SECTION 2. Chapter 15, Code of Criminal Procedure, is |
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| 14 | 14 | | amended by adding Article 15.1705 to read as follows: |
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| 15 | 15 | | Art. 15.1705. REQUIREMENTS FOR CERTAIN PROCEEDINGS |
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| 16 | 16 | | CONDUCTED BEFORE MAGISTRATE. (a) For each proceeding conducted |
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| 17 | 17 | | under Article 15.17, as soon as practicable before the proceeding |
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| 18 | 18 | | the court shall publish the following information on its Internet |
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| 19 | 19 | | website or at the location where the proceeding will be held: |
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| 20 | 20 | | (1) the manner in which the public may inquire about a |
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| 21 | 21 | | specific arrested person or proceeding; |
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| 22 | 22 | | (2) the time, if known, and location of the |
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| 23 | 23 | | proceeding; and |
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| 24 | 24 | | (3) the manner in which the public may access the |
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| 25 | 25 | | proceeding, including the Internet website link for the live stream |
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| 26 | 26 | | or videoconference, if applicable. |
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| 27 | 27 | | (b) A court that as of January 1, 2024, does not have the |
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| 28 | 28 | | physical capability, or is located in a secured facility without |
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| 29 | 29 | | the physical capability, to provide in-person public access to a |
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| 30 | 30 | | proceeding under Article 15.17 may provide public access by live |
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| 31 | 31 | | stream or videoconference. A live stream or videoconference must |
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| 32 | 32 | | allow members of the public to clearly see and hear the proceeding. |
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| 33 | 33 | | (c) This article may not be construed as prohibiting a judge |
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| 34 | 34 | | from placing reasonable limits on in-person access to the court for |
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| 35 | 35 | | safety or to prevent overcrowding. |
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| 36 | 36 | | (d) Any person, including a member of the media, or the |
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| 37 | 37 | | attorney general may file a petition for a writ of mandamus or apply |
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| 38 | 38 | | for other appropriate equitable relief to enforce the right of the |
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| 39 | 39 | | public to access a proceeding in accordance with this article. The |
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| 40 | 40 | | petition or application must be filed in: |
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| 41 | 41 | | (1) a district court in the county in which the court |
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| 42 | 42 | | conducting the applicable proceeding is located; or |
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| 43 | 43 | | (2) if filed by the attorney general, a district court |
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| 44 | 44 | | in Travis County. |
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| 45 | 45 | | SECTION 3. The change in law made by this Act applies only |
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| 46 | 46 | | to a criminal proceeding that commences on or after January 1, 2024. |
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| 47 | 47 | | A criminal proceeding that commenced before January 1, 2024, is |
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| 48 | 48 | | governed by the law in effect immediately before the effective date |
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| 49 | 49 | | of this Act, and the former law is continued in effect for that |
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| 50 | 50 | | purpose. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2023. |
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