| 1 | 1 | | 85R3078 MEW-F |
|---|
| 2 | 2 | | By: Collier H.B. No. 414 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the electronic recording of certain custodial |
|---|
| 8 | 8 | | interrogations. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended by adding Articles 2.32 and 2.33 to read as follows: |
|---|
| 12 | 12 | | Art. 2.32. ELECTRONIC RECORDING OF CUSTODIAL |
|---|
| 13 | 13 | | INTERROGATIONS. (a) In this article: |
|---|
| 14 | 14 | | (1) "Custodial interrogation" means any investigative |
|---|
| 15 | 15 | | questioning, other than routine questions associated with booking, |
|---|
| 16 | 16 | | by a peace officer during which: |
|---|
| 17 | 17 | | (A) a reasonable person in the position of the |
|---|
| 18 | 18 | | person being interrogated would consider himself or herself to be |
|---|
| 19 | 19 | | in custody; and |
|---|
| 20 | 20 | | (B) a question is asked that is reasonably likely |
|---|
| 21 | 21 | | to elicit an incriminating response. |
|---|
| 22 | 22 | | (2) "Electronic recording" means an audio or |
|---|
| 23 | 23 | | audiovisual electronic recording that begins at or before the time |
|---|
| 24 | 24 | | the person being interrogated receives a warning described by |
|---|
| 25 | 25 | | Section 2(a), Article 38.22, and continues until the time the |
|---|
| 26 | 26 | | interrogation ceases. |
|---|
| 27 | 27 | | (3) "Place of detention" means a police station or |
|---|
| 28 | 28 | | other building that is a place of operation for a law enforcement |
|---|
| 29 | 29 | | agency, including a municipal police department or county sheriff's |
|---|
| 30 | 30 | | department, and is owned or operated by the law enforcement agency |
|---|
| 31 | 31 | | for the purpose of detaining individuals in connection with the |
|---|
| 32 | 32 | | suspected violation of a penal law. The term does not include a |
|---|
| 33 | 33 | | courthouse. |
|---|
| 34 | 34 | | (b) A law enforcement agency qualified under Article 2.33 to |
|---|
| 35 | 35 | | conduct a custodial interrogation regarding an offense shall make |
|---|
| 36 | 36 | | an electronic recording of any custodial interrogation that occurs |
|---|
| 37 | 37 | | in a place of detention and is of a person suspected of committing |
|---|
| 38 | 38 | | or charged with the commission of a felony offense. |
|---|
| 39 | 39 | | (c) An electronic recording of a custodial interrogation |
|---|
| 40 | 40 | | that complies with this article is exempt from public disclosure |
|---|
| 41 | 41 | | except as provided by Section 552.108, Government Code. |
|---|
| 42 | 42 | | (d) A law enforcement agency otherwise required to make an |
|---|
| 43 | 43 | | electronic recording of a custodial interrogation under this |
|---|
| 44 | 44 | | article is excused from the duty to make the electronic recording |
|---|
| 45 | 45 | | if: |
|---|
| 46 | 46 | | (1) the accused refuses to respond to questioning or |
|---|
| 47 | 47 | | cooperate in a custodial interrogation of which an electronic |
|---|
| 48 | 48 | | recording is made, provided that: |
|---|
| 49 | 49 | | (A) a contemporaneous recording of the refusal is |
|---|
| 50 | 50 | | made; or |
|---|
| 51 | 51 | | (B) the peace officer or agent of the law |
|---|
| 52 | 52 | | enforcement agency conducting the interrogation attempts, in good |
|---|
| 53 | 53 | | faith, to record the accused's refusal but the accused is unwilling |
|---|
| 54 | 54 | | to have the refusal recorded, and the peace officer or agent |
|---|
| 55 | 55 | | contemporaneously, in writing, documents the refusal; |
|---|
| 56 | 56 | | (2) the statement is not made as a result of a |
|---|
| 57 | 57 | | custodial interrogation, including a statement that is made |
|---|
| 58 | 58 | | spontaneously by the accused and not in response to a question by a |
|---|
| 59 | 59 | | peace officer; |
|---|
| 60 | 60 | | (3) the peace officer or agent of the law enforcement |
|---|
| 61 | 61 | | agency conducting the custodial interrogation attempts, in good |
|---|
| 62 | 62 | | faith, to record the interrogation, but the recording equipment |
|---|
| 63 | 63 | | does not function and the officer or agent contemporaneously, in |
|---|
| 64 | 64 | | writing, documents the reason why it is not possible to delay the |
|---|
| 65 | 65 | | interrogation; or |
|---|
| 66 | 66 | | (4) the peace officer or agent of the law enforcement |
|---|
| 67 | 67 | | agency conducting the custodial interrogation reasonably believes |
|---|
| 68 | 68 | | at the time the interrogation commences that the accused to be |
|---|
| 69 | 69 | | interrogated was not taken into custody for or being interrogated |
|---|
| 70 | 70 | | concerning the commission of a felony offense. |
|---|
| 71 | 71 | | Art. 2.33. LAW ENFORCEMENT AGENCIES QUALIFIED TO CONDUCT |
|---|
| 72 | 72 | | CERTAIN CUSTODIAL INTERROGATIONS. Only a law enforcement agency |
|---|
| 73 | 73 | | that employs peace officers described by Article 2.12(1), (2), (3), |
|---|
| 74 | 74 | | (4), (5), (6), (7), (8), or (29) is qualified to conduct a custodial |
|---|
| 75 | 75 | | interrogation of an individual suspected of committing a felony |
|---|
| 76 | 76 | | offense. |
|---|
| 77 | 77 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|