Texas House Bill HB219

Texas 2011 - 82nd Regular

• Out of House Committee: 4/29/11
• Introduced: 11/9/10

Caption

Relating to the electronic recording and admissibility of certain custodial interrogations.

Impact

The implementation of HB 219 will affect the Texas Code of Criminal Procedure by adding new requirements for how custodial interrogations are conducted and documented. The bill provides a legal framework that integrates electronic recording into the criminal justice process, which could significantly alter the landscape of law enforcement practices. Notably, the bill emphasizes the need for law enforcement to preserve recordings until all prosecution steps concerning the subject interrogation are completed, ensuring that evidence remains accessible during appeals and habeas corpus petitions.

Summary

House Bill 219 aims to establish regulations regarding the electronic recording of custodial interrogations within the state of Texas. The bill mandates that law enforcement agencies conduct a complete audio or audiovisual recording of custodial interrogations for specific serious offenses, unless there is a proven good cause that makes recording infeasible. This legislation is an attempt to ensure transparency and accountability within the interrogation process, thereby protecting the rights of individuals suspected of serious crimes such as murder and sexual assault.

Contention

While supporters argue that the bill will enhance the integrity of the criminal justice system, opponents may raise concerns about the logistical challenges and potential privacy issues associated with the widespread use of electronic recordings. Moreover, questions regarding the circumstances in which recording may be deemed infeasible and the implications of noncompliance with this new standard could ignite further debate among lawmakers and civil rights advocates. The balance between effective law enforcement and protecting civil liberties is at the core of discussions surrounding HB 219.