81R735 KCR-D
By: Dutton H.B. No. 938
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain confessions in capital
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3, Article 38.22, Code of Criminal
Procedure, is amended by amending Subsection (a) and adding
Subsection (f) to read as follows:
(a) No oral or sign language statement of an accused made as
a result of custodial interrogation shall be admissible against the
accused in a criminal proceeding unless:
(1) 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.
(f) If the accused is charged with an offense other than a
capital offense, the electronic recording required by Subsection
(a) may consist of an audio recording or a motion picture,
videotape, or other visual recording. If the accused is charged
with a capital offense, the electronic recording must consist of a
motion picture, videotape, or other visual recording.
SECTION 2. This Act applies only to a statement made on or
after the effective date of this Act. A statement made before the
effective date of this Act is governed by the law in effect when the
statement was made, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.