| 1 | 1 | | By: Watson, et al. S.B. No. 268 |
|---|
| 2 | 2 | | (Anchia) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the duties of a magistrate to inform an arrested person |
|---|
| 8 | 8 | | of consequences of a plea of guilty or nolo contendere. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article 15.17(a), Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (a) In each case enumerated in this Code, the person making |
|---|
| 13 | 13 | | the arrest or the person having custody of the person arrested shall |
|---|
| 14 | 14 | | without unnecessary delay, but not later than 48 hours after the |
|---|
| 15 | 15 | | person is arrested, take the person arrested or have him taken |
|---|
| 16 | 16 | | before some magistrate of the county where the accused was arrested |
|---|
| 17 | 17 | | or, to provide more expeditiously to the person arrested the |
|---|
| 18 | 18 | | warnings described by this article, before a magistrate in any |
|---|
| 19 | 19 | | other county of this state. The arrested person may be taken before |
|---|
| 20 | 20 | | the magistrate in person or the image of the arrested person may be |
|---|
| 21 | 21 | | presented to the magistrate by means of an electronic broadcast |
|---|
| 22 | 22 | | system. The magistrate shall inform in clear language the person |
|---|
| 23 | 23 | | arrested, either in person or through the electronic broadcast |
|---|
| 24 | 24 | | system, of the accusation against him and of any affidavit filed |
|---|
| 25 | 25 | | therewith, of his right to retain counsel, of his right to remain |
|---|
| 26 | 26 | | silent, of his right to have an attorney present during any |
|---|
| 27 | 27 | | interview with peace officers or attorneys representing the state, |
|---|
| 28 | 28 | | of his right to terminate the interview at any time, and of his |
|---|
| 29 | 29 | | right to have an examining trial. The magistrate shall inform the |
|---|
| 30 | 30 | | person arrested that, if the person is not a citizen of the United |
|---|
| 31 | 31 | | States of America, a plea of guilty or nolo contendere for the |
|---|
| 32 | 32 | | offense charged may affect the person's immigration or residency |
|---|
| 33 | 33 | | status and may result in deportation, the exclusion from admission |
|---|
| 34 | 34 | | to this country, or the denial of naturalization under federal law. |
|---|
| 35 | 35 | | The magistrate shall also inform the person arrested of the |
|---|
| 36 | 36 | | person's right to request the appointment of counsel if the person |
|---|
| 37 | 37 | | cannot afford counsel. The magistrate shall inform the person |
|---|
| 38 | 38 | | arrested of the procedures for requesting appointment of counsel. |
|---|
| 39 | 39 | | If the person does not speak and understand the English language or |
|---|
| 40 | 40 | | is deaf, the magistrate shall inform the person in a manner |
|---|
| 41 | 41 | | consistent with Articles 38.30 and 38.31, as appropriate. The |
|---|
| 42 | 42 | | magistrate shall ensure that reasonable assistance in completing |
|---|
| 43 | 43 | | the necessary forms for requesting appointment of counsel is |
|---|
| 44 | 44 | | provided to the person at the same time. If the person arrested is |
|---|
| 45 | 45 | | indigent and requests appointment of counsel and if the magistrate |
|---|
| 46 | 46 | | is authorized under Article 26.04 to appoint counsel for indigent |
|---|
| 47 | 47 | | defendants in the county, the magistrate shall appoint counsel in |
|---|
| 48 | 48 | | accordance with Article 1.051. If the magistrate is not authorized |
|---|
| 49 | 49 | | to appoint counsel, the magistrate shall without unnecessary delay, |
|---|
| 50 | 50 | | but not later than 24 hours after the person arrested requests |
|---|
| 51 | 51 | | appointment of counsel, transmit, or cause to be transmitted to the |
|---|
| 52 | 52 | | court or to the courts' designee authorized under Article 26.04 to |
|---|
| 53 | 53 | | appoint counsel in the county, the forms requesting the appointment |
|---|
| 54 | 54 | | of counsel. The magistrate shall also inform the person arrested |
|---|
| 55 | 55 | | that he is not required to make a statement and that any statement |
|---|
| 56 | 56 | | made by him may be used against him. The magistrate shall allow the |
|---|
| 57 | 57 | | person arrested reasonable time and opportunity to consult counsel |
|---|
| 58 | 58 | | and shall, after determining whether the person is currently on |
|---|
| 59 | 59 | | bail for a separate criminal offense, admit the person arrested to |
|---|
| 60 | 60 | | bail if allowed by law. A recording of the communication between |
|---|
| 61 | 61 | | the arrested person and the magistrate shall be made. The recording |
|---|
| 62 | 62 | | shall be preserved until the earlier of the following dates: (1) |
|---|
| 63 | 63 | | the date on which the pretrial hearing ends; or (2) the 91st day |
|---|
| 64 | 64 | | after the date on which the recording is made if the person is |
|---|
| 65 | 65 | | charged with a misdemeanor or the 120th day after the date on which |
|---|
| 66 | 66 | | the recording is made if the person is charged with a felony. The |
|---|
| 67 | 67 | | counsel for the defendant may obtain a copy of the recording on |
|---|
| 68 | 68 | | payment of a reasonable amount to cover costs of reproduction. For |
|---|
| 69 | 69 | | purposes of this subsection, "electronic broadcast system" means a |
|---|
| 70 | 70 | | two-way electronic communication of image and sound between the |
|---|
| 71 | 71 | | arrested person and the magistrate and includes secure Internet |
|---|
| 72 | 72 | | videoconferencing. |
|---|
| 73 | 73 | | SECTION 2. This Act takes effect September 1, 2015. |
|---|