83R2748 JRR-F
By: Anchia H.B. No. 823
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a magistrate to inform an arrested person
of consequences of a plea of guilty or nolo contendere.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.17(a), Code of Criminal Procedure, is
amended to read as follows:
(a) In each case enumerated in this Code, the person making
the arrest or the person having custody of the person arrested shall
without unnecessary delay, but not later than 48 hours after the
person is arrested, take the person arrested or have him taken
before some magistrate of the county where the accused was arrested
or, to provide more expeditiously to the person arrested the
warnings described by this article, before a magistrate in any
other county of this state. The arrested person may be taken
before the magistrate in person or the image of the arrested person
may be presented to the magistrate by means of an electronic
broadcast system. The magistrate shall inform in clear language
the person arrested, either in person or through the electronic
broadcast system, of the accusation against him and of any
affidavit filed therewith, of his right to retain counsel, of his
right to remain silent, of his right to have an attorney present
during any interview with peace officers or attorneys representing
the state, of his right to terminate the interview at any time, and
of his right to have an examining trial. The magistrate shall
inform the person arrested that, if the person is not a citizen of
the United States of America, a plea of guilty or nolo contendere
for the offense charged may affect the person's immigration or
residency status and may result in deportation, the exclusion from
admission to this country, or the denial of naturalization under
federal law. The magistrate shall also inform the person arrested
of the person's right to request the appointment of counsel if the
person cannot afford counsel. The magistrate shall inform the
person arrested of the procedures for requesting appointment of
counsel. If the person does not speak and understand the English
language or is deaf, the magistrate shall inform the person in a
manner consistent with Articles 38.30 and 38.31, as
appropriate. The magistrate shall ensure that reasonable
assistance in completing the necessary forms for requesting
appointment of counsel is provided to the person at the same
time. If the person arrested is indigent and requests appointment
of counsel and if the magistrate is authorized under Article 26.04
to appoint counsel for indigent defendants in the county, the
magistrate shall appoint counsel in accordance with Article
1.051. If the magistrate is not authorized to appoint counsel, the
magistrate shall without unnecessary delay, but not later than 24
hours after the person arrested requests appointment of counsel,
transmit, or cause to be transmitted to the court or to the courts'
designee authorized under Article 26.04 to appoint counsel in the
county, the forms requesting the appointment of counsel. The
magistrate shall also inform the person arrested that he is not
required to make a statement and that any statement made by him may
be used against him. The magistrate shall allow the person
arrested reasonable time and opportunity to consult counsel and
shall, after determining whether the person is currently on bail
for a separate criminal offense, admit the person arrested to bail
if allowed by law. A recording of the communication between the
arrested person and the magistrate shall be made. The recording
shall be preserved until the earlier of the following dates: (1)
the date on which the pretrial hearing ends; or (2) the 91st day
after the date on which the recording is made if the person is
charged with a misdemeanor or the 120th day after the date on which
the recording is made if the person is charged with a felony. The
counsel for the defendant may obtain a copy of the recording on
payment of a reasonable amount to cover costs of reproduction. For
purposes of this subsection, "electronic broadcast system" means a
two-way electronic communication of image and sound between the
arrested person and the magistrate and includes secure Internet
videoconferencing.
SECTION 2. This Act takes effect September 1, 2013.