| 1 | 1 | | By: Collier H.B. No. 4060 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the electronic recording of certain non-custodial |
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| 7 | 7 | | interrogations. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Articles 2.32 and 2.33 to read as follows: |
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| 11 | 11 | | ELECTRONIC RECORDING OF NON-CUSTODIAL INTERROGATIONS. |
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| 12 | 12 | | (a) In this article: |
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| 13 | 13 | | (1) "Non-custodial interview" means an investigative |
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| 14 | 14 | | interview for the purpose of gathering information in which the |
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| 15 | 15 | | suspect is not in custody as defined in 38.01 of the Penal Code. |
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| 16 | 16 | | (2) "Electronic recording" means an audio or |
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| 17 | 17 | | audiovisual electronic recording that begins at the time the |
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| 18 | 18 | | person is interviewed, and continues until the time the |
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| 19 | 19 | | questioning ceases or Miranda rights are given. |
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| 20 | 20 | | (3) "Place of detention" means a police station or |
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| 21 | 21 | | other building that is a place of operation for a law enforcement |
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| 22 | 22 | | agency, including a municipal police department or county |
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| 23 | 23 | | sheriff's department, and is owned or operated by the law |
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| 24 | 24 | | enforcement agency for the purpose of detaining individuals in |
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| 25 | 25 | | connection with the suspected violation of a penal law. The term |
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| 26 | 26 | | does not include a courthouse. |
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| 27 | 27 | | (A) A non-custodial interview may occur in the |
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| 28 | 28 | | field or place of detention. |
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| 29 | 29 | | (B) A qualified law enforcement agency shall make |
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| 30 | 30 | | an electronic recording of all non-custodial interviews. |
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| 31 | 31 | | (C) An electronic recording of a non-custodial |
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| 32 | 32 | | interview that complies with this article is exempt from public |
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| 33 | 33 | | disclosure except as provided by Section 552.108, Government Code. |
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| 34 | 34 | | (D) A law enforcement agency otherwise required |
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| 35 | 35 | | to make an electronic recording of a non-custodial interview under |
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| 36 | 36 | | this article is excused from the duty to make the electronic |
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| 37 | 37 | | recording if: |
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| 38 | 38 | | (1) the accused refuses to respond to questioning or |
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| 39 | 39 | | cooperate in a non-custodial interview of which an electronic |
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| 40 | 40 | | recording is made, provided that: |
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| 41 | 41 | | (A) a contemporaneous recording of the refusal is |
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| 42 | 42 | | made; or |
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| 43 | 43 | | (B) the peace officer or agent of the law |
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| 44 | 44 | | enforcement agency conducting the interview attempts, in good |
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| 45 | 45 | | faith, to record the accused's refusal but the accused is unwilling |
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| 46 | 46 | | to have the refusal recorded, and the peace officer or agent |
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| 47 | 47 | | contemporaneously, in writing, documents the refusal; |
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| 48 | 48 | | (2) the statement was made spontaneously by the |
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| 49 | 49 | | accused and not in response to a question by a peace officer; |
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| 50 | 50 | | (3) the peace officer or agent of the law enforcement |
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| 51 | 51 | | agency conducting the non-custodial interview attempts, in good |
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| 52 | 52 | | faith, to record the interview, but the recording equipment does |
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| 53 | 53 | | not function and the officer or agent contemporaneously, in |
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| 54 | 54 | | writing, documents the reason why it is not possible to delay the |
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| 55 | 55 | | interview; or |
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| 56 | 56 | | SECTION 2. This Act takes effect September 1, 2017. |
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