Texas 2013 - 83rd Regular

Texas House Bill HB1096 Compare Versions

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Old	New	Differences
1	1	83R19488 GCB-D
2	2	By: Canales H.B. No. 1096
3	3	Substitute the following for H.B. No. 1096:
4	4	By: Herrero C.S.H.B. No. 1096
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the electronic recording of certain custodial
10	10	interrogations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 2, Code of Criminal Procedure, is
13	13	amended by adding Articles 2.32 and 2.33 to read as follows:
14	14	Art. 2.32. ELECTRONIC RECORDING OF CUSTODIAL
15	15	INTERROGATIONS. (a) In this article:
16	16	(1) "Custodial interrogation" means any investigative
17	17	questioning, other than routine questions associated with booking,
18	18	by a peace officer during which:
19	19	(A) a reasonable person in the position of the
20	20	person being interrogated would consider himself or herself to be
21	21	in custody; and
22	22	(B) a question is asked that is reasonably likely
23	23	to elicit an incriminating response.
24	24	(2) "Electronic recording" means an audio or
25	25	audiovisual electronic recording of a custodial interrogation that
26	26	begins at or before the time the person being interrogated receives
27	27	a warning described by Section 2(a), Article 38.22, and continues
28	28	until the time the interrogation ceases.
29	29	(3) "Place of detention" means a police station or
30	30	other building that is a place of operation for a law enforcement
31	31	agency, including a municipal police department or county sheriff's
32	32	department, and is owned or operated by the law enforcement agency
33	33	for the purpose of detaining individuals in connection with the
34	34	suspected violation of a penal law. The term does not include a
35	35	courthouse.
36	36	(b) A law enforcement agency qualified under Article 2.33 to
37	37	conduct a custodial interrogation of the offense shall make an
38	38	electronic recording of any custodial interrogation that occurs in
39	39	a place of detention and is of a person suspected of committing or
40	40	charged with the commission of an offense under:
41	41	(1) Section 19.02, Penal Code (murder);
42	42	(2) Section 19.03, Penal Code (capital murder);
43	43	(3) Section 20.03, Penal Code (kidnapping);
44	44	(4) Section 20.04, Penal Code (aggravated
45	45	kidnapping);
46	46	(5) Section 20A.02, Penal Code (trafficking of
47	47	persons);
48	48	(6) Section 20A.03, Penal Code (continuous
49	49	trafficking of persons);
50	50	(7) Section 21.02, Penal Code (continuous sexual abuse
51	51	of young child or children);
52	52	(8) Section 21.11, Penal Code (indecency with a
53	53	child);
54	54	(9) Section 21.12, Penal Code (improper relationship
55	55	between educator and student);
56	56	(10) Section 22.011, Penal Code (sexual assault);
57	57	(11) Section 22.021, Penal Code (aggravated sexual
58	58	assault); or
59	59	(12) Section 43.25, Penal Code (sexual performance by
60	60	a child).
61	61	(c) For purposes of Subsection (b), an electronic recording
62	62	of a custodial interrogation is complete only if the recording
63	63	begins at or before the time the person being interrogated receives
64	64	a warning described by Section 2(a), Article 38.22, and continues
65	65	until the time the interrogation ceases.
66	66	(d) A recording of a custodial interrogation that complies
67	67	with this article is exempt from public disclosure except as
68	68	provided by Section 552.108, Government Code.
69	69	(e) A law enforcement agency otherwise required to make an
70	70	electronic recording of a custodial interrogation under this
71	71	article is excused from the duty to make the electronic recording if
72	72	the law enforcement agency has good cause. For purposes of this
73	73	subsection, "good cause" includes:
74	74	(1) the accused refused to respond to questioning or
75	75	cooperate in a custodial interrogation of which an electronic
76	76	recording was made, provided that:
77	77	(A) a contemporaneous recording of the refusal
78	78	was made; or
79	79	(B) the peace officer or agent of the law
80	80	enforcement agency conducting the interrogation attempted, in good
81	81	faith, to record the accused's refusal but the accused was
82	82	unwilling to have the refusal recorded, and the peace officer or
83	83	agent contemporaneously, in writing, documented the refusal;
84	84	(2) the statement was not made exclusively as the
85	85	result of a custodial interrogation, including a statement that was
86	86	made spontaneously by the accused and not in response to a question
87	87	by a peace officer;
88	88	(3) the peace officer or agent of the law enforcement
89	89	agency conducting the interrogation attempted, in good faith, to
90	90	record the interrogation but the recording equipment did not
91	91	function, the officer or agent inadvertently operated the equipment
92	92	incorrectly, or the equipment malfunctioned or stopped operating
93	93	without the knowledge of the officer or agent;
94	94	(4) exigent public safety concerns prevented or
95	95	rendered infeasible the making of an electronic recording of the
96	96	custodial interrogation; or
97	97	(5) the peace officer or agent of the law enforcement
98	98	agency conducting the interrogation reasonably believed at the time
99	99	the interrogation commenced that the accused interrogated was not
100	100	taken into custody for or being interrogated concerning the
101	101	commission of an offense listed in Subsection (b).
102	102	Art. 2.33. LAW ENFORCEMENT AGENCIES QUALIFIED TO CONDUCT
103	103	CERTAIN CUSTODIAL INTERROGATIONS. Only a law enforcement agency
104	104	that employs peace officers described by Subdivision (1), (2), (3),
105	105	(4), (5), (6), (7), (8), or (30), Article 2.12, is qualified to
106	106	conduct a custodial interrogation of an individual suspected of
107	107	committing an offense listed in Article 2.32(b).
108	108	SECTION 2. This Act takes effect September 1, 2013.