Texas 2013 - 83rd Regular

Texas Senate Bill SB969 Compare Versions

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1	1	By: West S.B. No. 969
2	2	(In the Senate - Filed February 28, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	May 10, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 4, Nays 3; May 10, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 969 By: Rodriguez
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the electronic recording of certain statements made by
13	13	an accused as a result of custodial interrogation.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Article 38.22, Code of Criminal Procedure, is
16	16	amended by amending Section 1 and adding Section 9 to read as
17	17	follows:
18	18	Sec. 1. In this article:
19	19	(1) "Place of detention" means a police station or
20	20	other building that is a place of operation for a law enforcement
21	21	agency, including a municipal police department or county sheriff's
22	22	department, and is owned or operated by the law enforcement agency
23	23	for the purpose of detaining individuals in connection with the
24	24	suspected violation of a penal law. The term does not include a
25	25	courthouse.
26	26	(2) "Written[, a written] statement of an accused"
27	27	means a statement signed by the accused or a statement made by the
28	28	accused in his own handwriting or, if the accused is unable to
29	29	write, a statement bearing his mark, when the mark has been
30	30	witnessed by a person other than a peace officer.
31	31	Sec. 9. (a) Each law enforcement agency shall adopt,
32	32	implement, and amend as necessary a detailed written policy
33	33	requiring that a visual recording by motion picture film,
34	34	videotape, or other electronic means be made of any statement made
35	35	as a result of a custodial interrogation if:
36	36	(1) the custodial interrogation is conducted in a
37	37	place of detention; or
38	38	(2) the custodial interrogation is conducted outside
39	39	of a place of detention, and the law enforcement agency has, at the
40	40	site of the interrogation, equipment described by this subsection
41	41	that is capable of electronically recording the interrogation.
42	42	(b) Evidence of compliance with a policy adopted under this
43	43	section or with the minimum requirements of this article concerning
44	44	the visual recording of a custodial interrogation is not a
45	45	condition precedent to the admissibility of a defendant's statement
46	46	under this article, another provision of this chapter, or another
47	47	law.
48	48	(c) Notwithstanding Article 38.23 as that article relates
49	49	to a violation of a state statute, a failure to make a visual
50	50	recording of a statement made as a result of a custodial
51	51	interrogation in substantial compliance with a policy adopted under
52	52	this section or with the minimum requirements of this article does
53	53	not prohibit the admission of the statement in the courts of this
54	54	state.
55	55	SECTION 2. The change in law made by this Act applies only
56	56	to the admissibility of a statement made by an accused on or after
57	57	the effective date of this Act. The admissibility of a statement
58	58	made by an accused before the effective date of this Act is governed
59	59	by the law in effect when the statement was made, and the former law
60	60	is continued in effect for that purpose.
61	61	SECTION 3. This Act takes effect September 1, 2013.
62	62	* * * * *