By: Ellis S.B. No. 116
(In the Senate - Filed November 10, 2008; February 10, 2009,
read first time and referred to Committee on Criminal Justice;
April 2, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 2, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 116 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to electronically recording certain interrogations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.31 to read as follows:
Art. 2.31. ELECTRONIC RECORDING OF CERTAIN CUSTODIAL
INTERROGATIONS. (a) When practical, a peace officer conducting a
custodial interrogation of a person suspected of engaging in
conduct that violates a penal law of any grade of felony, including
a juvenile, should, using audio-visual equipment or audio
equipment, record the entire custodial interrogation, including
the warnings described by Section 2, Article 38.22.
(b) The Department of Public Safety shall adopt rules for
providing funds or electronic recording equipment to law
enforcement agencies in this state for the purpose of recording
interrogations of criminal defendants or suspects, including
juveniles.
(c) Nothing in this article affects the admissibility of a
statement that is otherwise admissible as evidence in a criminal
proceeding.
SECTION 2. This Act takes effect September 1, 2009.
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