82R17468 NAJ-F
 
  By: Carter, Harper-Brown, Jackson, Strama, H.B. No. 976
      Gallego, et al.
 
  Substitute the following for H.B. No. 976:
 
  By:  Burkett C.S.H.B. No. 976
 
 
 
A BILL TO BE ENTITLED
 
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.