Texas 2009 - 81st Regular

Texas House Bill HB4090

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to electronically recording certain interrogations and the admissibility of certain statements made by a juvenile or a criminal defendant.

Impact

The bill impacts state laws significantly by establishing clear guidelines around the admissibility of statements made during interrogations. It stipulates that unless an electronic recording is made and preserved, statements from accused individuals, particularly juveniles, may not be admissible in court. This reflects a shift toward protecting the rights and interests of individuals in the criminal justice system, ensuring that defendants can verify the circumstances under which statements were made. By requiring recordings, the bill aims to mitigate the risks of wrongful convictions stemming from unrecorded or misrepresented interrogations.

Summary

House Bill 4090 aims to modify the Code of Criminal Procedure in Texas by mandating the electronic recording of interrogations for criminal defendants and juveniles. The bill requires law enforcement agencies to train their staff on the use of electronic recording equipment and necessitates that any statements made during custodial interrogations be recorded. This change seeks to enhance the reliability of recorded statements and to provide clarity in legal proceedings, possibly reducing instances of coerced confessions. It emphasizes the need for transparency and accountability within the law enforcement system, especially concerning vulnerable populations like juveniles.

Contention

Some potential points of contention surrounding HB 4090 may arise from concerns about how these recordings will be managed and stored, including issues related to privacy and potential misuse of recorded material. Additionally, there might be debate over the adequacy of training provided to law enforcement officers to handle this new requirement. Critics could argue that while the bill seeks to enhance justice, it may also burden law enforcement with additional procedural responsibilities that could complicate their operations.

Notable_points

HB 4090 further ensures that any recording made during an interrogation must be preserved until all related legal proceedings are finalized and introduces essential protocols for the handling of these recordings. The requirement for a magistrate's involvement in verifying the voluntariness of statements made by juveniles indicates a commitment to safeguarding the rights of young individuals in the criminal justice system. This reflects broader trends toward reforming interrogation practices to prevent abuses of power within law enforcement.

Companion Bills

TX SB116

Identical Relating to electronically recording certain interrogations.

Previously Filed As

TX SB2563

Relating to the admissibility of certain evidence against a defendant in a criminal case.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB4622

Relating to the manner in which certain criminal and juvenile proceedings are conducted.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB828

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

TX HB501

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

TX SB338

Relating to the use of hypnotically induced statements in a criminal trial.

TX HB4271

Relating to the use of hypnotically induced statements in a criminal trial.

Similar Bills

IL HB3323

JUV/CRIM PRO-INTERROGATION

IL HB3521

UNRELIABLE STATEMENTS INADMISS

NC S640

Amend Occupational Licensing Board Statutes

TX HB1096

Relating to the electronic recording of certain custodial interrogations.

TX SB87

Relating to the electronic recording and admissibility of certain custodial interrogations.

NJ A4729

Establishes procedure to determine reliability and admissibility of defendant's statements made during law enforcement interrogation.

TX SB1253

Relating to the electronic recording and admissibility of certain custodial interrogations.

TX HB229

Relating to the electronic recording and admissibility of certain custodial interrogations.