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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a warrant or summons by a magistrate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.03, Code of Criminal Procedure, is |
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amended by adding Subsections (c), (d), (e), and (f) to read as |
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follows: |
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(c) For purposes of Subdivision 2, Subsection (a), a person |
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may appear before the magistrate in person or the person's image may |
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be presented to the magistrate through an electronic broadcast |
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system. |
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(d) A recording of the communication between the person and |
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the magistrate must be made if the person's image is presented |
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through an electronic broadcast system under Subsection (c). The |
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recording must be preserved until the earlier of: |
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(1) the date on which any pretrial hearing relating to |
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the offense ends; |
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(2) the 91st day after the date on which the recording |
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was made if the defendant is charged with a misdemeanor; or |
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(3) the 120th day after the date on which the recording |
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was made if the defendant is charged with a felony. |
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(e) The counsel for the defendant may obtain a copy of the |
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recording on payment of an amount reasonably necessary to cover the |
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costs of reproducing the recording. |
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(f) In this article, "electronic broadcast system" means a |
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two-way electronic communication of image and sound between a |
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person and magistrate and includes secure Internet |
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videoconferencing. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |