| 1 | 1 | | 85R2 JRR-D |
|---|
| 2 | 2 | | By: Anchia H.B. No. 244 |
|---|
| 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 the person |
|---|
| 16 | 16 | | arrested [him] taken before some magistrate of the county where the |
|---|
| 17 | 17 | | accused was arrested or, to provide more expeditiously to the |
|---|
| 18 | 18 | | person arrested the warnings described by this article, before a |
|---|
| 19 | 19 | | magistrate in any other county of this state. The person arrested |
|---|
| 20 | 20 | | [person] may be taken before the magistrate in person or the image |
|---|
| 21 | 21 | | of the person arrested [person] may be presented to the magistrate |
|---|
| 22 | 22 | | by means of an electronic broadcast system. The magistrate shall |
|---|
| 23 | 23 | | inform in clear language the person arrested, either in person or |
|---|
| 24 | 24 | | through the electronic broadcast system, of the accusation against |
|---|
| 25 | 25 | | the person [him] and [of] any affidavit filed therewith and of the |
|---|
| 26 | 26 | | person's rights[, of his right] to retain counsel, [of his right] to |
|---|
| 27 | 27 | | remain silent, [of his right] to have an attorney present during any |
|---|
| 28 | 28 | | interview with peace officers or attorneys representing the state, |
|---|
| 29 | 29 | | [of his right] to terminate the interview at any time, and [of his |
|---|
| 30 | 30 | | right] to have an examining trial. The magistrate shall inform the |
|---|
| 31 | 31 | | person arrested that a plea of guilty or nolo contendere for the |
|---|
| 32 | 32 | | offense charged may affect the person's eligibility for enlistment |
|---|
| 33 | 33 | | or reenlistment in the United States armed forces or may result in |
|---|
| 34 | 34 | | the person's discharge from the United States armed forces if the |
|---|
| 35 | 35 | | person is a member of the armed forces. The magistrate shall also |
|---|
| 36 | 36 | | inform the person arrested of the person's right to request the |
|---|
| 37 | 37 | | appointment of counsel if the person cannot afford counsel. The |
|---|
| 38 | 38 | | magistrate shall inform the person arrested of the procedures for |
|---|
| 39 | 39 | | requesting appointment of counsel. If the person arrested does not |
|---|
| 40 | 40 | | speak and understand the English language or is deaf, the |
|---|
| 41 | 41 | | magistrate shall inform the person in a manner consistent with |
|---|
| 42 | 42 | | Articles 38.30 and 38.31, as appropriate. The magistrate shall |
|---|
| 43 | 43 | | ensure that reasonable assistance in completing the necessary forms |
|---|
| 44 | 44 | | for requesting appointment of counsel is provided to the person at |
|---|
| 45 | 45 | | the same time. If the person arrested is indigent and requests |
|---|
| 46 | 46 | | appointment of counsel and if the magistrate is authorized under |
|---|
| 47 | 47 | | Article 26.04 to appoint counsel for indigent defendants in the |
|---|
| 48 | 48 | | county, the magistrate shall appoint counsel in accordance with |
|---|
| 49 | 49 | | Article 1.051. If the magistrate is not authorized to appoint |
|---|
| 50 | 50 | | counsel, the magistrate shall without unnecessary delay, but not |
|---|
| 51 | 51 | | later than 24 hours after the person arrested requests appointment |
|---|
| 52 | 52 | | of counsel, transmit, or cause to be transmitted to the court or to |
|---|
| 53 | 53 | | the courts' designee authorized under Article 26.04 to appoint |
|---|
| 54 | 54 | | counsel in the county, the forms requesting the appointment of |
|---|
| 55 | 55 | | counsel. The magistrate shall also inform the person arrested that |
|---|
| 56 | 56 | | the person [he] is not required to make a statement and that any |
|---|
| 57 | 57 | | statement made by the person [him] may be used against the person |
|---|
| 58 | 58 | | [him]. The magistrate shall allow the person arrested reasonable |
|---|
| 59 | 59 | | time and opportunity to consult counsel and shall, after |
|---|
| 60 | 60 | | determining whether the person is currently on bail for a separate |
|---|
| 61 | 61 | | criminal offense, admit the person arrested to bail if allowed by |
|---|
| 62 | 62 | | law. A recording of the communication between the person arrested |
|---|
| 63 | 63 | | [person] and the magistrate shall be made. The recording shall be |
|---|
| 64 | 64 | | preserved until the earlier of the following dates: (1) the date on |
|---|
| 65 | 65 | | which the pretrial hearing ends; or (2) the 91st day after the date |
|---|
| 66 | 66 | | on which the recording is made if the person is charged with a |
|---|
| 67 | 67 | | misdemeanor or the 120th day after the date on which the recording |
|---|
| 68 | 68 | | is made if the person is charged with a felony. The counsel for the |
|---|
| 69 | 69 | | defendant may obtain a copy of the recording on payment of a |
|---|
| 70 | 70 | | reasonable amount to cover costs of reproduction. For purposes of |
|---|
| 71 | 71 | | this subsection, "electronic broadcast system" means a two-way |
|---|
| 72 | 72 | | electronic communication of image and sound between the person |
|---|
| 73 | 73 | | arrested [person] and the magistrate and includes secure Internet |
|---|
| 74 | 74 | | videoconferencing. |
|---|
| 75 | 75 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|