Texas 2009 - 81st Regular

Texas Senate Bill SB2036 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8207 SJM-D
2	2	By: Duncan S.B. No. 2036
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the admissibility of a statement made by an accused in a
8	8	criminal case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2, Article 38.22, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	Sec. 2. No [written] statement made by an accused as a
13	13	result of custodial interrogation is admissible as evidence against
14	14	him in any criminal proceeding unless it is shown [on the face of
15	15	the statement] that:
16	16	(a) the accused, prior to making the statement, either
17	17	received from a magistrate the warning provided in Article 15.17
18	18	[of this code] or received from the person to whom the statement is
19	19	made a warning that:
20	20	(1) he has the right to remain silent and not make any
21	21	statement at all and that any statement he makes may be used against
22	22	him at his trial;
23	23	(2) any statement he makes may be used as evidence
24	24	against him in court;
25	25	(3) he has the right to have a lawyer present to advise
26	26	him prior to and during any questioning;
27	27	(4) if he is unable to employ a lawyer, he has the
28	28	right to have a lawyer appointed to advise him prior to and during
29	29	any questioning; and
30	30	(5) he has the right to terminate the interview at any
31	31	time; and
32	32	(b) the accused, prior to and during the making of the
33	33	statement, knowingly, intelligently, and voluntarily waived the
34	34	rights set out in the warning prescribed by Subsection (a) [of this
35	35	section].
36	36	SECTION 2. Sections 3(a), (c), and (d), Article 38.22, Code
37	37	of Criminal Procedure, are amended to read as follows:
38	38	(a) An [No] oral or sign language statement of an accused
39	39	made as the [a] result of custodial interrogation is not [shall be]
40	40	admissible against the accused in a criminal proceeding unless:
41	41	(1) the statement is made in compliance with the
42	42	requirements of Section 2;
43	43	(2) the oral statement was heard or the sign language
44	44	statement was witnessed by two or more persons;
45	45	(3) at least two of the persons described by
46	46	Subdivision (2) have prepared a written memorandum of the contents
47	47	of the statement within 48 hours after the time the statement was
48	48	made, including the date, time, and place the statement was made;
49	49	and
50	50	(4) the persons who prepared a written memorandum
51	51	under Subdivision (3) swear before a magistrate that the date,
52	52	time, and place of the memorandum are correct and that the
53	53	memorandum accurately reflects the statement made by the accused
54	54	[an electronic recording, which may include motion picture, video
55	55	tape, or other visual recording, is made of the statement;
56	56	[(2) prior to the statement but during the recording the
57	57	accused is given the warning in Subsection (a) of Section 2 above
58	58	and the accused knowingly, intelligently, and voluntarily waives
59	59	any rights set out in the warning;
60	60	[(3) the recording device was capable of making an
61	61	accurate recording, the operator was competent, and the recording
62	62	is accurate and has not been altered;
63	63	[(4) all voices on the recording are identified; and
64	64	[(5) not later than the 20th day before the date of the
65	65	proceeding, the attorney representing the defendant is provided
66	66	with a true, complete, and accurate copy of all recordings of the
67	67	defendant made under this article].
68	68	(c) Subsection (a) does [of this section shall] not apply to
69	69	any statement which contains assertions of facts or circumstances
70	70	that are found to be true and which conduce to establish the guilt
71	71	of the accused, such as the finding of secreted or stolen property
72	72	or the instrument with which he states the offense was committed.
73	73	(d) If the accused is a deaf person, the accused's statement
74	74	under Subsection (a) [Section 2 or Section 3(a) of this article] is
75	75	not admissible against the accused unless the warning in Section 2
76	76	[of this article] is interpreted to the deaf person by an
77	77	interpreter who is qualified and sworn as provided in Article 38.31
78	78	[of this code].
79	79	SECTION 3. Sections 3(b) and (e), Article 38.22, Code of
80	80	Criminal Procedure, are repealed.
81	81	SECTION 4. The change in law made by this Act applies only
82	82	to a statement made by an accused on or after the effective date of
83	83	this Act. A statement made by an accused before the effective date
84	84	of this Act is governed by the law in effect at the time the
85	85	statement was made, and the former law is continued in effect for
86	86	that purpose.
87	87	SECTION 5. This Act takes effect September 1, 2009.