Texas 2023 - 88th Regular

Texas Senate Bill SB2041 Compare Versions

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Version 2 (New)

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1	1	88R12998 EAS-F
2	2	By: King S.B. No. 2041
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 proceedings are
8	8	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 proceedings under
14	14	this code by videoconference if:
15	15	(1) the videoconference provides for a simultaneous,
16	16	compressed full motion video, and interactive communication of
17	17	image and sound between the judge, the attorney representing the
18	18	state, the defendant, and the defendant's attorney; and
19	19	(2) on request of the defendant, the defendant and the
20	20	defendant's attorney are able to communicate privately without
21	21	being recorded or heard by the judge or the attorney representing
22	22	the state.
23	23	(b) The defendant and the attorney representing the state
24	24	must file with the court written consent to the use of
25	25	videoconference if the applicable proceeding is a contested matter
26	26	involving witness testimony.
27	27	SECTION 2. Article 1.13(a), Code of Criminal Procedure, is
28	28	amended to read as follows:
29	29	(a) The defendant in a criminal prosecution for any offense
30	30	other than a capital felony case in which the state notifies the
31	31	court and the defendant that it will seek the death penalty shall
32	32	have the right, upon entering a plea, to waive the right of trial by
33	33	jury, conditioned, however, that[, except as provided by Article
34	34	27.19,] the waiver must be made [in person] by the defendant in
35	35	writing in open court with the consent and approval of the court,
36	36	and the attorney representing the state. The consent and approval
37	37	by the court shall be entered of record on the minutes of the court,
38	38	and the consent and approval of the attorney representing the state
39	39	shall be in writing, signed by that attorney, and filed in the
40	40	papers of the cause before the defendant enters the defendant's
41	41	plea.
42	42	SECTION 3. Article 1.15, Code of Criminal Procedure, is
43	43	amended to read as follows:
44	44	Art. 1.15. JURY IN FELONY. No person can be convicted of a
45	45	felony except upon the verdict of a jury duly rendered and recorded,
46	46	unless the defendant, upon entering a plea, has in open court [in
47	47	person] waived the defendant's [his] right of trial by jury in
48	48	writing in accordance with Articles 1.13 and 1.14; provided,
49	49	however, that it shall be necessary for the state to introduce
50	50	evidence into the record showing the guilt of the defendant and said
51	51	evidence shall be accepted by the court as the basis for its
52	52	judgment and in no event shall a person charged be convicted upon
53	53	the defendant's [his] plea without sufficient evidence to support
54	54	the same. The evidence may be stipulated if the defendant in such
55	55	case consents in writing, in open court, to waive the appearance,
56	56	confrontation, and cross-examination of witnesses, and further
57	57	consents either to an oral stipulation of the evidence and
58	58	testimony or to the introduction of testimony by affidavits,
59	59	written statements of witnesses, and any other documentary evidence
60	60	in support of the judgment of the court. Such waiver and consent
61	61	must be approved by the court in writing, and be filed in the file of
62	62	the papers of the cause.
63	63	SECTION 4. Article 27.13, Code of Criminal Procedure, is
64	64	amended to read as follows:
65	65	Art. 27.13. PLEA OF GUILTY OR NOLO CONTENDERE IN FELONY. A
66	66	plea of "guilty" or a plea of "nolo contendere" in a felony case
67	67	must be made in open court by the defendant [in person]; and the
68	68	proceedings shall be as provided in Articles 26.13, 26.14 and
69	69	27.02. If the plea is before the judge alone, same may be made in
70	70	the same manner as is provided for by Articles 1.13 and 1.15.
71	71	SECTION 5. Articles 27.18(a), (b), and (d), Code of
72	72	Criminal Procedure, are amended to read as follows:
73	73	(a) A [Notwithstanding any provision of this code requiring
74	74	that a plea or a waiver of a defendant's right be made in open court,
75	75	a] court may accept the plea or waiver by videoconference to the
76	76	court if:
77	77	(1) [the defendant and the attorney representing the
78	78	state file with the court written consent to the use of
79	79	videoconference;
80	80	[(2)] the videoconference provides for a
81	81	simultaneous, compressed full motion video, and interactive
82	82	communication of image and sound between the judge, the attorney
83	83	representing the state, the defendant, and the defendant's
84	84	attorney; and
85	85	(2) [(3)] on request of the defendant, the defendant
86	86	and the defendant's attorney are able to communicate privately
87	87	without being recorded or heard by the judge or the attorney
88	88	representing the state.
89	89	(b) Notwithstanding any other law, on [On] motion of the
90	90	defendant or the attorney representing the state or in the court's
91	91	discretion, the court may terminate an appearance by
92	92	videoconference at any time during the appearance and require an
93	93	appearance by the defendant in person in open court.
94	94	(d) For a [A] defendant who is confined in a county other
95	95	than the county in which charges against the defendant are pending,
96	96	[may use] the videoconference method provided by this article or by
97	97	Article 15.17 may be used to allow the entry of [to enter] a plea or
98	98	the waiver of [waive] a right in the court with jurisdiction over
99	99	the case.
100	100	SECTION 6. Article 27.19(a), Code of Criminal Procedure, is
101	101	amended to read as follows:
102	102	(a) Notwithstanding any other provision of this code, a
103	103	court shall accept a plea of guilty or nolo contendere from a
104	104	defendant who is confined in a penal institution if the plea is
105	105	made:
106	106	(1) in accordance with the procedure established by
107	107	Article 27.18; or
108	108	(2) in writing, including a writing delivered by
109	109	United States mail or secure electronic or facsimile transmission,
110	110	before the appropriate court having jurisdiction in the county in
111	111	which the penal institution is located, provided that:
112	112	(A) the defendant is notified by the court of
113	113	original jurisdiction of the right to counsel and the procedures
114	114	for requesting appointment of counsel, and is provided a reasonable
115	115	opportunity to request a court-appointed lawyer;
116	116	(B) if the defendant elects to proceed without
117	117	counsel, the defendant must waive the right to counsel in
118	118	accordance with Article 1.051; and
119	119	(C) [the defendant must waive the right to be
120	120	present at the taking of the plea or to have counsel present, if the
121	121	defendant has counsel; and
122	122	[(D)] if the defendant is charged with a felony,
123	123	judgment and sentence are rendered in accordance with the
124	124	conditions and the procedure established by Article 42.14(b).
125	125	SECTION 7. The change in law made by this Act applies to a
126	126	criminal proceeding that commences on or after the effective date
127	127	of this Act. A criminal proceeding that commences before the
128	128	effective date of this Act is governed by the law in effect on the
129	129	date the proceeding commenced, and the former law is continued in
130	130	effect for that purpose.
131	131	SECTION 8. This Act takes effect September 1, 2023.