|
|
|
|
AN ACT
|
|
relating to the issuance of a warrant or summons by a magistrate. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 15.03, Code of Criminal Procedure, is |
|
amended by adding Subsections (c), (d), (e), and (f) to read as |
|
follows: |
|
(c) For purposes of Subdivision 2, Subsection (a), a person |
|
may appear before the magistrate in person or the person's image may |
|
be presented to the magistrate through an electronic broadcast |
|
system. |
|
(d) A recording of the communication between the person and |
|
the magistrate must be made if the person's image is presented |
|
through an electronic broadcast system under Subsection (c). If |
|
the defendant is charged with the offense, the recording must be |
|
preserved until: |
|
(1) the defendant is acquitted of the offense; or |
|
(2) all appeals relating to the offense have been |
|
exhausted. |
|
(e) The counsel for the defendant may obtain a copy of the |
|
recording on payment of an amount reasonably necessary to cover the |
|
costs of reproducing the recording. |
|
(f) In this article, "electronic broadcast system" means a |
|
two-way electronic communication of image and sound between a |
|
person and magistrate and includes secure Internet |
|
videoconferencing. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 976 was passed by the House on April |
|
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 976 was passed by the Senate on May |
|
19, 2011, by the following vote: Yeas 31, Nays 0 |
|
. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |