| 1 | 1 | | 81R735 KCR-D |
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| 2 | 2 | | By: Dutton H.B. No. 938 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the admissibility of certain confessions in capital |
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| 8 | 8 | | cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 3, Article 38.22, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by amending Subsection (a) and adding |
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| 12 | 12 | | Subsection (f) to read as follows: |
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| 13 | 13 | | (a) No oral or sign language statement of an accused made as |
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| 14 | 14 | | a result of custodial interrogation shall be admissible against the |
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| 15 | 15 | | accused in a criminal proceeding unless: |
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| 16 | 16 | | (1) an electronic recording[, which may include motion |
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| 17 | 17 | | picture, video tape, or other visual recording,] is made of the |
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| 18 | 18 | | statement; |
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| 19 | 19 | | (2) prior to the statement but during the recording |
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| 20 | 20 | | the accused is given the warning in Subsection (a) of Section 2 |
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| 21 | 21 | | above and the accused knowingly, intelligently, and voluntarily |
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| 22 | 22 | | waives any rights set out in the warning; |
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| 23 | 23 | | (3) the recording device was capable of making an |
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| 24 | 24 | | accurate recording, the operator was competent, and the recording |
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| 25 | 25 | | is accurate and has not been altered; |
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| 26 | 26 | | (4) all voices on the recording are identified; and |
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| 27 | 27 | | (5) not later than the 20th day before the date of the |
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| 28 | 28 | | proceeding, the attorney representing the defendant is provided |
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| 29 | 29 | | with a true, complete, and accurate copy of all recordings of the |
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| 30 | 30 | | defendant made under this article. |
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| 31 | 31 | | (f) If the accused is charged with an offense other than a |
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| 32 | 32 | | capital offense, the electronic recording required by Subsection |
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| 33 | 33 | | (a) may consist of an audio recording or a motion picture, |
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| 34 | 34 | | videotape, or other visual recording. If the accused is charged |
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| 35 | 35 | | with a capital offense, the electronic recording must consist of a |
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| 36 | 36 | | motion picture, videotape, or other visual recording. |
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| 37 | 37 | | SECTION 2. This Act applies only to a statement made on or |
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| 38 | 38 | | after the effective date of this Act. A statement made before the |
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| 39 | 39 | | effective date of this Act is governed by the law in effect when the |
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| 40 | 40 | | statement was made, and the former law is continued in effect for |
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| 41 | 41 | | that purpose. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2009. |
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