By: Simpson H.B. No. 3479
A BILL TO BE ENTITLED
AN ACT
rel
ating to custodial interrogations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article, 38.22, Section 2, Code of Criminal
Procedure, is amended by adding subsection (c) to read as follows:
Sec. 2. No written statement made by an accused as a result
of custodial interrogation is admissible as evidence against him in
any criminal proceeding unless it is shown on the face of the
statement that:
(a) the accused, prior to making the statement, either
received from a magistrate the warning provided in Article 15.17 of
this code or received from the person to whom the statement is made
a warning that:
(1) he has the right to remain silent and not make any
statement at all and that any statement he makes may be used against
him at his trial;
(2) any statement he makes may be used as evidence
against him in court;
(3) he has the right to have a lawyer present to advise
him prior to and during any questioning;
(4) if he is unable to employ a lawyer, he has the
right to have a lawyer appointed to advise him prior to and during
any questioning; and
(5) he has the right to terminate the interview at any
time; and
(b) the accused, prior to and during the making of the
statement, knowingly, intelligently, and voluntarily waived the
rights set out in the warning prescribed by Subsection (a) of this
section.; and
(c) the police did not employ any interrogation technique
that can be shown to result in false or unreliable confessions.