Bill opens post-arrest magistrate hearings to the public

The text as introduced · 421 words

89R1534 MCF-D

By: Zaffirini
S.B. No. 1203

A BILL TO BE ENTITLED

AN ACT

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 livestream

or videoconference, if applicable.

(b) A court that as of January 1, 2026, 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 shall provide public access by

livestream or videoconference. The livestream 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, 2026.

A criminal proceeding that commenced before January 1, 2026, 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, 2025.