81R8207 SJM-D
By: Jones H.B. No. 2510
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of a statement made by an accused in a
criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 38.22, Code of Criminal
Procedure, is amended to read as follows:
Sec. 2. No [written] statement made by an accused as a
result of custodial interrogation is admissible as evidence against
him in any criminal proceeding unless it is shown [on the face of
the statement] that:
(a) the accused, prior to making the statement, either
received from a magistrate the warning provided in Article 15.17
[of this code] or received from the person to whom the statement is
made a warning that:
(1) he has the right to remain silent and not make any
statement at all and that any statement he makes may be used against
him at his trial;
(2) any statement he makes may be used as evidence
against him in court;
(3) he has the right to have a lawyer present to advise
him prior to and during any questioning;
(4) if he is unable to employ a lawyer, he has the
right to have a lawyer appointed to advise him prior to and during
any questioning; and
(5) he has the right to terminate the interview at any
time; and
(b) the accused, prior to and during the making of the
statement, knowingly, intelligently, and voluntarily waived the
rights set out in the warning prescribed by Subsection (a) [of this
section].
SECTION 2. Sections 3(a), (c), and (d), Article 38.22, Code
of Criminal Procedure, are amended to read as follows:
(a) An [No] oral or sign language statement of an accused
made as the [a] result of custodial interrogation is not [shall be]
admissible against the accused in a criminal proceeding unless:
(1) the statement is made in compliance with the
requirements of Section 2;
(2) the oral statement was heard or the sign language
statement was witnessed by two or more persons;
(3) at least two of the persons described by
Subdivision (2) have prepared a written memorandum of the contents
of the statement within 48 hours after the time the statement was
made, including the date, time, and place the statement was made;
and
(4) the persons who prepared a written memorandum
under Subdivision (3) swear before a magistrate that the date,
time, and place of the memorandum are correct and that the
memorandum accurately reflects the statement made by the accused
[an electronic recording, which may include motion picture, video
tape, or other visual recording, is made of the statement;
[(2) prior to the statement but during the recording the
accused is given the warning in Subsection (a) of Section 2 above
and the accused knowingly, intelligently, and voluntarily waives
any rights set out in the warning;
[(3) the recording device was capable of making an
accurate recording, the operator was competent, and the recording
is accurate and has not been altered;
[(4) all voices on the recording are identified; and
[(5) not later than the 20th day before the date of the
proceeding, the attorney representing the defendant is provided
with a true, complete, and accurate copy of all recordings of the
defendant made under this article].
(c) Subsection (a) does [of this section shall] not apply to
any statement which contains assertions of facts or circumstances
that are found to be true and which conduce to establish the guilt
of the accused, such as the finding of secreted or stolen property
or the instrument with which he states the offense was committed.
(d) If the accused is a deaf person, the accused's statement
under Subsection (a) [Section 2 or Section 3(a) of this article] is
not admissible against the accused unless the warning in Section 2
[of this article] is interpreted to the deaf person by an
interpreter who is qualified and sworn as provided in Article 38.31
[of this code].
SECTION 3. Sections 3(b) and (e), Article 38.22, Code of
Criminal Procedure, are repealed.
SECTION 4. The change in law made by this Act applies only
to a statement made by an accused on or after the effective date of
this Act. A statement made by an accused before the effective date
of this Act is governed by the law in effect at the time the
statement was made, and the former law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2009.