85R12181 SMT-F
By: RodrÃguez S.B. No. 1521
A BILL TO BE ENTITLED
AN ACT
relating to recording certain criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 15.17(a) and (f), Code of Criminal
Procedure, are amended to read as follows:
(a) In each case enumerated in this Code, the person making
the arrest or the person having custody of the person arrested shall
without unnecessary delay, but not later than 48 hours after the
person is arrested, take the person arrested or have him taken
before some magistrate of the county where the accused was arrested
or, to provide more expeditiously to the person arrested the
warnings described by this article, before a magistrate in any
other county of this state. The arrested person may be taken before
the magistrate in person or the image of the arrested person may be
presented to the magistrate by means of a videoconference [an
electronic broadcast system]. The magistrate shall inform in clear
language the person arrested, either in person or through a
videoconference [the electronic broadcast system], of the
accusation against him and of any affidavit filed therewith, of his
right to retain counsel, of his right to remain silent, of his right
to have an attorney present during any interview with peace
officers or attorneys representing the state, of his right to
terminate the interview at any time, and of his right to have an
examining trial. The magistrate shall also inform the person
arrested of the person's right to request the appointment of
counsel if the person cannot afford counsel. The magistrate shall
inform the person arrested of the procedures for requesting
appointment of counsel. If the person does not speak and understand
the English language or is deaf, the magistrate shall inform the
person in a manner consistent with Articles 38.30 and 38.31, as
appropriate. The magistrate shall ensure that reasonable
assistance in completing the necessary forms for requesting
appointment of counsel is provided to the person at the same time.
If the person arrested is indigent and requests appointment of
counsel and if the magistrate is authorized under Article 26.04 to
appoint counsel for indigent defendants in the county, the
magistrate shall appoint counsel in accordance with Article 1.051.
If the magistrate is not authorized to appoint counsel, the
magistrate shall without unnecessary delay, but not later than 24
hours after the person arrested requests appointment of counsel,
transmit, or cause to be transmitted to the court or to the courts'
designee authorized under Article 26.04 to appoint counsel in the
county, the forms requesting the appointment of counsel. The
magistrate shall also inform the person arrested that he is not
required to make a statement and that any statement made by him may
be used against him. The magistrate shall allow the person arrested
reasonable time and opportunity to consult counsel and shall, after
determining whether the person is currently on bail for a separate
criminal offense, admit the person arrested to bail if allowed by
law. A record [recording] of the communication between the
arrested person and the magistrate shall be made. The record
[recording] shall be preserved until the earlier of the following
dates: (1) the date on which the pretrial hearing ends; or (2) the
91st day after the date on which the record [recording] is made if
the person is charged with a misdemeanor or the 120th day after the
date on which the record [recording] is made if the person is
charged with a felony. The counsel for the defendant may obtain a
copy of an electronic [the] recording, if an electronic recording
was created, on payment of a reasonable amount to cover costs of
reproduction. For purposes of this subsection, "videoconference"
["electronic broadcast system"] means a two-way electronic
communication of image and sound between the arrested person and
the magistrate and includes secure Internet videoconferencing.
(f) A record required under Subsection (a) or (e) may
consist of written forms, electronic recordings, or other
documentation as authorized by procedures adopted in the county
under Article 26.04(a).
SECTION 2. The heading to Article 27.18, Code of Criminal
Procedure, is amended to read as follows:
Art. 27.18. PLEA OR WAIVER OF RIGHTS BY VIDEOCONFERENCE
[CLOSED CIRCUIT VIDEO TELECONFERENCING].
SECTION 3. Articles 27.18(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Notwithstanding any provision of this code requiring
that a plea or a waiver of a defendant's right be made in open court,
a court may accept the plea or waiver by videoconference [broadcast
by closed circuit video teleconferencing] to the court if:
(1) the defendant and the attorney representing the
state file with the court written consent to the use of
videoconference [closed circuit video teleconferencing];
(2) the videoconference [closed circuit video
teleconferencing system] provides for a simultaneous, compressed
full motion video, and interactive communication of image and sound
between the judge, the attorney representing the state, the
defendant, and the defendant's attorney; and
(3) on request of the defendant, the defendant and the
defendant's attorney are able to communicate privately without
being recorded or heard by the judge or the attorney representing
the state.
(b) On motion of the defendant or the attorney representing
the state or in the court's discretion, the court may terminate an
appearance by videoconference [closed circuit video
teleconferencing] at any time during the appearance and require an
appearance by the defendant in open court.
SECTION 4. Article 27.18(c), Code of Criminal Procedure, as
amended by Chapters 1341 (S.B. 1233) and 1031 (H.B. 2847), Acts of
the 82nd Legislature, Regular Session, 2011, is reenacted and
amended to read as follows:
(c) A record of the communication shall be made by a court
reporter or by electronic recording and preserved by the court
reporter or by electronic recording until all appellate proceedings
have been disposed of. A court reporter or court recorder is not
required to transcribe or make a duplicate electronic [separate]
recording of a plea taken under this article unless an appeal is
taken in the case and a party requests a transcript.
SECTION 5. Article 27.18(c-1), Code of Criminal Procedure,
as added by Chapter 1341 (S.B. 1233), Acts of the 82nd Legislature,
Regular Session, 2011, is amended to read as follows:
(c-1) The defendant may obtain a copy of an electronic [a]
recording, if an electronic recording was created, [made under
Subsection (c)] on payment of a reasonable amount to cover the costs
of reproduction or, if the defendant is indigent, the court shall
provide a copy to the defendant without charging a cost for the
copy.
SECTION 6. Articles 27.18(c-2) and (d), Code of Criminal
Procedure, are amended to read as follows:
(c-2) The loss or destruction of or failure to create a
court record or an electronic [make a video] recording of a plea
entered under this article is not alone sufficient grounds for a
defendant to withdraw the defendant's plea or to request the court
to set aside a conviction, sentence, or plea.
(d) A defendant who is confined in a county other than the
county in which charges against the defendant are pending may use
the videoconference [teleconferencing] method provided by this
article or by [the electronic broadcast system authorized in]
Article 15.17 to enter a plea or waive a right in the court with
jurisdiction over the case.
SECTION 7. Article 27.18(c-1), Code of Criminal Procedure,
as added by Chapter 1031 (H.B. 2847), Acts of the 82nd Legislature,
Regular Session, 2011, is repealed.
SECTION 8. Article 15.17, Code of Criminal Procedure, as
amended by this Act, applies to an arrested person brought before a
magistrate on or after the effective date of this Act, regardless of
whether the offense for which the person was arrested was committed
before, on, or after that date.
SECTION 9. Article 27.18, Code of Criminal Procedure, as
amended by this Act, applies to a plea of guilty or nolo contendere
entered on or after the effective date of this Act, regardless of
whether the offense with reference to which the plea is entered is
committed before, on, or after that date.
SECTION 10. This Act takes effect September 1, 2017.