Texas Code of Criminal Procedure - Article 27.18. Plea Or Waiver Of Rights By Closed Circuit Video Teleconferencing
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Art. 27.18. PLEA OR WAIVER OF RIGHTS BY CLOSED CIRCUIT VIDEO
TELECONFERENCING. (a) Notwithstanding any provision of this code
requiring that a plea or a waiver of a defendant's right be made in
open court, a court may accept the plea or waiver by broadcast by
closed circuit video teleconferencing to the court if:
(1) the defendant and the attorney representing the state
file with the court written consent to the use of closed circuit
video teleconferencing;
(2) the closed circuit video teleconferencing system
provides for a simultaneous, compressed full motion video, and
interactive communication of image and sound between the judge, the
attorney representing the state, the defendant, and the defendant's
attorney; and
(3) on request of the defendant, the defendant and the
defendant's attorney are able to communicate privately without
being recorded or heard by the judge or the attorney representing
the state.
(b) On motion of the defendant or the attorney representing
the state or in the court's discretion, the court may terminate an
appearance by closed circuit video teleconferencing at any time
during the appearance and require an appearance by the defendant in
open court.
(c) A recording of the communication shall be made and
preserved until all appellate proceedings have been disposed of.
The defendant may obtain a copy of the recording on payment of a
reasonable amount to cover the costs of reproduction or, if the
defendant is indigent, the court shall provide a copy to the
defendant without charging a cost for the copy.
(d) A defendant who is confined in a county other than the
county in which charges against the defendant are pending may use
the teleconferencing method provided by this article or the
electronic broadcast system authorized in Article 15.17 to enter a
plea or waive a right in the court with jurisdiction over the case.
(e) A defendant who enters a plea or waiver under Subsection
(d):
(1) consents to venue in the county in which the court
receiving the plea or waiver is located; and
(2) waives any claim of error related to venue.
(f) Subsection (e) does not prohibit a court from granting a
defendant's motion for a change of venue during the trial of the
defendant.
(g) If a defendant enters a plea of guilty or nolo
contendere under Subsection (d), the attorney representing the
state may request at the time the plea is entered that the defendant
submit a fingerprint of the defendant suitable for attachment to
the judgment. On request for a fingerprint under this subsection,
the county in which the defendant is confined shall obtain a
fingerprint of the defendant and use first-class mail or other
means acceptable to the attorney representing the state and the
county to forward the fingerprint to the court accepting the plea.
Added by Acts 1997, 75th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 1997.
Subsecs. (d) to (g) added by Acts 2005, 79th Leg., ch. 1094, Sec. 6,
eff. Sept. 1, 2005.
Article: 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 28.01 28.02 28.03 28.04 28.05 28.06 28.061
Last modified: August 11, 2007
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