By: Collier H.B. No. 4188
A BILL TO BE ENTITLED
AN ACT
relating to the electronic recording of non-custodial interviews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.32 to read as follows:
Art. 2.32. ELECTRONIC RECORDING OF NON-CUSTODIAL
INTERVIEWS. (a) In this article:
(1) "Non-custodial interview" means an investigative
interview for the purpose of gathering information in which the
suspect is not in custody as defined in 38.01 of the Penal Code.
(2) "Electronic recording" means an audio or
audiovisual electronic recording that begins at the time the person
is interviewed, and continues until the time the questioning ceases
or Miranda rights are given.
(3) "Place of detention" means a police station or
other building that is a place of operation for a law enforcement
agency, including a municipal police department or county sheriff's
department, and is owned or operated by the law enforcement agency
for the purpose of detaining individuals in connection with the
suspected violation of a penal law. The term does not include a
courthouse.
(4) A "qualified law enforcement agency" means a law
enforcement agency that employs peace officer as described by
Article 2.12
(b) A non-custodial interview may occur in the field or
place of detention.
(c) A qualified law enforcement agency shall make an
electronic recording of all non-custodial interviews.
(d) An electronic recording of a non-custodial interview
that complies with this article is exempt from public disclosure
except as provided by Section 552.108, Government Code.
(e) A law enforcement agency otherwise required to make an
electronic recording of a non-custodial interview under this
article is excused from the duty to make the electronic recording
if:
(1) the accused refuses to respond to questioning or
cooperate in a non-custodial interview of which an electronic
recording is made, provided that:
(A) a contemporaneous recording of the refusal is
made; or
(B) the peace officer or agent of the law
enforcement agency conducting the interview attempts, in good
faith, to record the accused's refusal but the accused is unwilling
to have the refusal recorded, and the peace officer or agent
contemporaneously, in writing, documents the refusal;
(2) the statement was made spontaneously by the
accused and not in response to a question by a peace officer; or
(3) the peace officer or agent of the law enforcement
agency conducting the non-custodial interview attempts, in good
faith, to record the interview, but the recording equipment does
not function and the officer or agent contemporaneously, in
writing, documents the reason why it is not possible to delay the
interview.
SECTION 2. This Act takes effect September 1, 2017.