By: Watson, et al. S.B. No. 268
(Anchia)
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, 2015.