Bill Text: TX HB5277 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to public access to criminal proceedings.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2023-05-10 - Referred to Criminal Justice [HB5277 Detail]
Download: Texas-2023-HB5277-Engrossed.html
| By: Bucy, Moody, Cain | H.B. No. 5277 | |
|
|
||
|
|
||
| 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. The proceedings, including a | ||
| proceeding under Article 15.17, and trials in all courts shall be | ||
| public. | ||
| SECTION 2. Chapter 15, Code of Criminal Procedure, is | ||
| amended by adding Article 15.1705 to read as follows: | ||
| Art. 15.1705. REQUIREMENTS FOR CERTAIN PROCEEDINGS | ||
| CONDUCTED BEFORE MAGISTRATE. (a) For each proceeding conducted | ||
| under Article 15.17, as soon as practicable before the proceeding | ||
| the court shall publish the following information on its Internet | ||
| website or at the location where the proceeding will be held: | ||
| (1) the manner in which the public may inquire about a | ||
| specific arrested person or proceeding; | ||
| (2) the time, if known, and location of the | ||
| proceeding; and | ||
| (3) the manner in which the public may access the | ||
| proceeding, including the Internet website link for the live stream | ||
| or videoconference, if applicable. | ||
| (b) A court that as of January 1, 2024, does not have the | ||
| physical capability, or is located in a secured facility without | ||
| the physical capability, to provide in-person public access to a | ||
| proceeding under Article 15.17 may provide public access by live | ||
| stream or videoconference. A live stream or videoconference must | ||
| allow members of the public to clearly see and hear the proceeding. | ||
| (c) This article may not be construed as prohibiting a judge | ||
| from placing reasonable limits on in-person access to the court for | ||
| safety or to prevent overcrowding. | ||
| (d) 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. | ||
| SECTION 3. 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 4. This Act takes effect September 1, 2023. | ||
