| 1 | 1 | | By: Canales (Senate Sponsor - Hinojosa) H.B. No. 2090 |
|---|
| 2 | 2 | | (In the Senate - Received from the House May 10, 2013; |
|---|
| 3 | 3 | | May 10, 2013, read first time and referred to Committee on Criminal |
|---|
| 4 | 4 | | Justice; May 17, 2013, reported favorably by the following vote: |
|---|
| 5 | 5 | | Yeas 7, Nays 0; May 17, 2013, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to a written statement made by an accused as a result of |
|---|
| 11 | 11 | | custodial interrogation. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 1, Article 38.22, Code of Criminal |
|---|
| 14 | 14 | | Procedure, is amended to read as follows: |
|---|
| 15 | 15 | | Sec. 1. In this article, a written statement of an accused |
|---|
| 16 | 16 | | means: |
|---|
| 17 | 17 | | (1) [a statement signed by the accused or] a statement |
|---|
| 18 | 18 | | made by the accused in his own handwriting; or |
|---|
| 19 | 19 | | (2) a statement made in a language the accused can read |
|---|
| 20 | 20 | | or understand that: |
|---|
| 21 | 21 | | (A) is signed by the accused; or |
|---|
| 22 | 22 | | (B) bears the mark of the accused, if the accused |
|---|
| 23 | 23 | | is unable to write and [, a statement bearing his mark, when] the |
|---|
| 24 | 24 | | mark is [has been] witnessed by a person other than a peace officer. |
|---|
| 25 | 25 | | SECTION 2. This Act applies only to a statement made by an |
|---|
| 26 | 26 | | accused on or after the effective date of this Act. A statement made |
|---|
| 27 | 27 | | by an accused before the effective date of this Act is governed by |
|---|
| 28 | 28 | | the law in effect when the statement was made, and the former law is |
|---|
| 29 | 29 | | continued in effect for that purpose. |
|---|
| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|
| 31 | 31 | | * * * * * |
|---|