| 1 | 1 | | 85R2304 JRR-F |
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| 2 | 2 | | By: Watson S.B. No. 265 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the duties of a magistrate to inform an arrested person |
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| 8 | 8 | | of consequences of a plea of guilty or nolo contendere. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 15.17(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) In each case enumerated in this Code, the person making |
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| 13 | 13 | | the arrest or the person having custody of the person arrested shall |
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| 14 | 14 | | without unnecessary delay, but not later than 48 hours after the |
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| 15 | 15 | | person is arrested, take the person arrested or have the person |
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| 16 | 16 | | arrested [him] taken before some magistrate of the county where the |
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| 17 | 17 | | accused was arrested or, to provide more expeditiously to the |
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| 18 | 18 | | person arrested the warnings described by this article, before a |
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| 19 | 19 | | magistrate in any other county of this state. The person arrested |
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| 20 | 20 | | [person] may be taken before the magistrate in person or the image |
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| 21 | 21 | | of the person arrested [person] may be presented to the magistrate |
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| 22 | 22 | | by means of an electronic broadcast system. The magistrate shall |
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| 23 | 23 | | inform in clear language the person arrested, either in person or |
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| 24 | 24 | | through the electronic broadcast system, of the accusation against |
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| 25 | 25 | | the person [him] and [of] any affidavit filed therewith and of the |
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| 26 | 26 | | person's rights[, of his right] to retain counsel, [of his right] to |
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| 27 | 27 | | remain silent, [of his right] to have an attorney present during any |
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| 28 | 28 | | interview with peace officers or attorneys representing the state, |
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| 29 | 29 | | [of his right] to terminate the interview at any time, and [of his |
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| 30 | 30 | | right] to have an examining trial. The magistrate shall inform the |
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| 31 | 31 | | person arrested that a plea of guilty or nolo contendere for the |
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| 32 | 32 | | offense charged may result in other negative consequences in |
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| 33 | 33 | | addition to the criminal punishment for the offense, including the |
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| 34 | 34 | | loss or denial of employment, professional licenses, housing, |
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| 35 | 35 | | public benefits, immigration status, child custody, eligibility |
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| 36 | 36 | | for military service, and the right to possess a firearm. The |
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| 37 | 37 | | magistrate shall also inform the person arrested of the person's |
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| 38 | 38 | | right to request the appointment of counsel if the person cannot |
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| 39 | 39 | | afford counsel. The magistrate shall inform the person arrested of |
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| 40 | 40 | | the procedures for requesting appointment of counsel. If the |
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| 41 | 41 | | person arrested does not speak and understand the English language |
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| 42 | 42 | | or is deaf, the magistrate shall inform the person in a manner |
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| 43 | 43 | | consistent with Articles 38.30 and 38.31, as appropriate. The |
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| 44 | 44 | | magistrate shall ensure that reasonable assistance in completing |
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| 45 | 45 | | the necessary forms for requesting appointment of counsel is |
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| 46 | 46 | | provided to the person at the same time. If the person arrested is |
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| 47 | 47 | | indigent and requests appointment of counsel and if the magistrate |
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| 48 | 48 | | is authorized under Article 26.04 to appoint counsel for indigent |
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| 49 | 49 | | defendants in the county, the magistrate shall appoint counsel in |
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| 50 | 50 | | accordance with Article 1.051. If the magistrate is not authorized |
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| 51 | 51 | | to appoint counsel, the magistrate shall without unnecessary delay, |
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| 52 | 52 | | but not later than 24 hours after the person arrested requests |
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| 53 | 53 | | appointment of counsel, transmit, or cause to be transmitted to the |
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| 54 | 54 | | court or to the courts' designee authorized under Article 26.04 to |
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| 55 | 55 | | appoint counsel in the county, the forms requesting the appointment |
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| 56 | 56 | | of counsel. The magistrate shall also inform the person arrested |
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| 57 | 57 | | that the person [he] is not required to make a statement and that |
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| 58 | 58 | | any statement made by the person [him] may be used against the |
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| 59 | 59 | | person [him]. The magistrate shall allow the person arrested |
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| 60 | 60 | | reasonable time and opportunity to consult counsel and shall, after |
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| 61 | 61 | | determining whether the person is currently on bail for a separate |
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| 62 | 62 | | criminal offense, admit the person arrested to bail if allowed by |
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| 63 | 63 | | law. A recording of the communication between the person arrested |
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| 64 | 64 | | [person] and the magistrate shall be made. The recording shall be |
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| 65 | 65 | | preserved until the earlier of the following dates: (1) the date on |
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| 66 | 66 | | which the pretrial hearing ends; or (2) the 91st day after the date |
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| 67 | 67 | | on which the recording is made if the person is charged with a |
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| 68 | 68 | | misdemeanor or the 120th day after the date on which the recording |
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| 69 | 69 | | is made if the person is charged with a felony. The counsel for the |
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| 70 | 70 | | defendant may obtain a copy of the recording on payment of a |
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| 71 | 71 | | reasonable amount to cover costs of reproduction. For purposes of |
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| 72 | 72 | | this subsection, "electronic broadcast system" means a two-way |
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| 73 | 73 | | electronic communication of image and sound between the person |
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| 74 | 74 | | arrested [person] and the magistrate and includes secure Internet |
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| 75 | 75 | | videoconferencing. |
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| 76 | 76 | | SECTION 2. This Act takes effect September 1, 2017. |
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