Bill Text: TX HB976 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the issuance of a warrant or summons by a magistrate.

Spectrum: Moderate Partisan Bill (Republican 14-3)

Status: (Passed) 2011-06-17 - Effective immediately [HB976 Detail]

Download: Texas-2011-HB976-Introduced.html

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82R5877 NAJ-F
By: Carter 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). The
recording must be preserved until the earlier of:
(1) the date on which any pretrial hearing relating to
the offense ends;
(2) the 91st day after the date on which the recording
was made if the defendant is charged with a misdemeanor; or
(3) the 120th day after the date on which the recording
was made if the defendant is charged with a felony.
(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.