Texas 2017 - 85th Regular

Texas House Bill HB3637 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12181 SMT-F
2	2	By: Ortega H.B. No. 3637
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to recording certain criminal proceedings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Articles 15.17(a) and (f), Code of Criminal
10	10	Procedure, are amended to read as follows:
11	11	(a) In each case enumerated in this Code, the person making
12	12	the arrest or the person having custody of the person arrested shall
13	13	without unnecessary delay, but not later than 48 hours after the
14	14	person is arrested, take the person arrested or have him taken
15	15	before some magistrate of the county where the accused was arrested
16	16	or, to provide more expeditiously to the person arrested the
17	17	warnings described by this article, before a magistrate in any
18	18	other county of this state. The arrested person may be taken before
19	19	the magistrate in person or the image of the arrested person may be
20	20	presented to the magistrate by means of a videoconference [an
21	21	electronic broadcast system]. The magistrate shall inform in clear
22	22	language the person arrested, either in person or through a
23	23	videoconference [the electronic broadcast system], of the
24	24	accusation against him and of any affidavit filed therewith, of his
25	25	right to retain counsel, of his right to remain silent, of his right
26	26	to have an attorney present during any interview with peace
27	27	officers or attorneys representing the state, of his right to
28	28	terminate the interview at any time, and of his right to have an
29	29	examining trial. The magistrate shall also inform the person
30	30	arrested of the person's right to request the appointment of
31	31	counsel if the person cannot afford counsel. The magistrate shall
32	32	inform the person arrested of the procedures for requesting
33	33	appointment of counsel. If the person does not speak and understand
34	34	the English language or is deaf, the magistrate shall inform the
35	35	person in a manner consistent with Articles 38.30 and 38.31, as
36	36	appropriate. The magistrate shall ensure that reasonable
37	37	assistance in completing the necessary forms for requesting
38	38	appointment of counsel is provided to the person at the same time.
39	39	If the person arrested is indigent and requests appointment of
40	40	counsel and if the magistrate is authorized under Article 26.04 to
41	41	appoint counsel for indigent defendants in the county, the
42	42	magistrate shall appoint counsel in accordance with Article 1.051.
43	43	If the magistrate is not authorized to appoint counsel, the
44	44	magistrate shall without unnecessary delay, but not later than 24
45	45	hours after the person arrested requests appointment of counsel,
46	46	transmit, or cause to be transmitted to the court or to the courts'
47	47	designee authorized under Article 26.04 to appoint counsel in the
48	48	county, the forms requesting the appointment of counsel. The
49	49	magistrate shall also inform the person arrested that he is not
50	50	required to make a statement and that any statement made by him may
51	51	be used against him. The magistrate shall allow the person arrested
52	52	reasonable time and opportunity to consult counsel and shall, after
53	53	determining whether the person is currently on bail for a separate
54	54	criminal offense, admit the person arrested to bail if allowed by
55	55	law. A record [recording] of the communication between the
56	56	arrested person and the magistrate shall be made. The record
57	57	[recording] shall be preserved until the earlier of the following
58	58	dates: (1) the date on which the pretrial hearing ends; or (2) the
59	59	91st day after the date on which the record [recording] is made if
60	60	the person is charged with a misdemeanor or the 120th day after the
61	61	date on which the record [recording] is made if the person is
62	62	charged with a felony. The counsel for the defendant may obtain a
63	63	copy of an electronic [the] recording, if an electronic recording
64	64	was created, on payment of a reasonable amount to cover costs of
65	65	reproduction. For purposes of this subsection, "videoconference"
66	66	["electronic broadcast system"] means a two-way electronic
67	67	communication of image and sound between the arrested person and
68	68	the magistrate and includes secure Internet videoconferencing.
69	69	(f) A record required under Subsection (a) or (e) may
70	70	consist of written forms, electronic recordings, or other
71	71	documentation as authorized by procedures adopted in the county
72	72	under Article 26.04(a).
73	73	SECTION 2. The heading to Article 27.18, Code of Criminal
74	74	Procedure, is amended to read as follows:
75	75	Art. 27.18. PLEA OR WAIVER OF RIGHTS BY VIDEOCONFERENCE
76	76	[CLOSED CIRCUIT VIDEO TELECONFERENCING].
77	77	SECTION 3. Articles 27.18(a) and (b), Code of Criminal
78	78	Procedure, are amended to read as follows:
79	79	(a) Notwithstanding any provision of this code requiring
80	80	that a plea or a waiver of a defendant's right be made in open court,
81	81	a court may accept the plea or waiver by videoconference [broadcast
82	82	by closed circuit video teleconferencing] to the court if:
83	83	(1) the defendant and the attorney representing the
84	84	state file with the court written consent to the use of
85	85	videoconference [closed circuit video teleconferencing];
86	86	(2) the videoconference [closed circuit video
87	87	teleconferencing system] provides for a simultaneous, compressed
88	88	full motion video, and interactive communication of image and sound
89	89	between the judge, the attorney representing the state, the
90	90	defendant, and the defendant's attorney; and
91	91	(3) on request of the defendant, the defendant and the
92	92	defendant's attorney are able to communicate privately without
93	93	being recorded or heard by the judge or the attorney representing
94	94	the state.
95	95	(b) On motion of the defendant or the attorney representing
96	96	the state or in the court's discretion, the court may terminate an
97	97	appearance by videoconference [closed circuit video
98	98	teleconferencing] at any time during the appearance and require an
99	99	appearance by the defendant in open court.
100	100	SECTION 4. Article 27.18(c), Code of Criminal Procedure, as
101	101	amended by Chapters 1341 (S.B. 1233) and 1031 (H.B. 2847), Acts of
102	102	the 82nd Legislature, Regular Session, 2011, is reenacted and
103	103	amended to read as follows:
104	104	(c) A record of the communication shall be made by a court
105	105	reporter or by electronic recording and preserved by the court
106	106	reporter or by electronic recording until all appellate proceedings
107	107	have been disposed of. A court reporter or court recorder is not
108	108	required to transcribe or make a duplicate electronic [separate]
109	109	recording of a plea taken under this article unless an appeal is
110	110	taken in the case and a party requests a transcript.
111	111	SECTION 5. Article 27.18(c-1), Code of Criminal Procedure,
112	112	as added by Chapter 1341 (S.B. 1233), Acts of the 82nd Legislature,
113	113	Regular Session, 2011, is amended to read as follows:
114	114	(c-1) The defendant may obtain a copy of an electronic [a]
115	115	recording, if an electronic recording was created, [made under
116	116	Subsection (c)] on payment of a reasonable amount to cover the costs
117	117	of reproduction or, if the defendant is indigent, the court shall
118	118	provide a copy to the defendant without charging a cost for the
119	119	copy.
120	120	SECTION 6. Articles 27.18(c-2) and (d), Code of Criminal
121	121	Procedure, are amended to read as follows:
122	122	(c-2) The loss or destruction of or failure to create a
123	123	court record or an electronic [make a video] recording of a plea
124	124	entered under this article is not alone sufficient grounds for a
125	125	defendant to withdraw the defendant's plea or to request the court
126	126	to set aside a conviction, sentence, or plea.
127	127	(d) A defendant who is confined in a county other than the
128	128	county in which charges against the defendant are pending may use
129	129	the videoconference [teleconferencing] method provided by this
130	130	article or by [the electronic broadcast system authorized in]
131	131	Article 15.17 to enter a plea or waive a right in the court with
132	132	jurisdiction over the case.
133	133	SECTION 7. Article 27.18(c-1), Code of Criminal Procedure,
134	134	as added by Chapter 1031 (H.B. 2847), Acts of the 82nd Legislature,
135	135	Regular Session, 2011, is repealed.
136	136	SECTION 8. Article 15.17, Code of Criminal Procedure, as
137	137	amended by this Act, applies to an arrested person brought before a
138	138	magistrate on or after the effective date of this Act, regardless of
139	139	whether the offense for which the person was arrested was committed
140	140	before, on, or after that date.
141	141	SECTION 9. Article 27.18, Code of Criminal Procedure, as
142	142	amended by this Act, applies to a plea of guilty or nolo contendere
143	143	entered on or after the effective date of this Act, regardless of
144	144	whether the offense with reference to which the plea is entered is
145	145	committed before, on, or after that date.
146	146	SECTION 10. This Act takes effect September 1, 2017.