85R2304 JRR-F
By: Watson S.B. No. 265
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a magistrate to inform an arrested person
of consequences of a plea of guilty or nolo contendere.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.17(a), Code of Criminal Procedure, is
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 the person
arrested [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 person arrested
[person] may be taken before the magistrate in person or the image
of the person arrested [person] may be presented to the magistrate
by means of an electronic broadcast system. The magistrate shall
inform in clear language the person arrested, either in person or
through the electronic broadcast system, of the accusation against
the person [him] and [of] any affidavit filed therewith and of the
person's rights[, 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 inform the
person arrested that a plea of guilty or nolo contendere for the
offense charged may result in other negative consequences in
addition to the criminal punishment for the offense, including the
loss or denial of employment, professional licenses, housing,
public benefits, immigration status, child custody, eligibility
for military service, and the right to possess a firearm. 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 arrested 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 the person [he] is not required to make a statement and that
any statement made by the person [him] may be used against the
person [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 recording of the communication between the person arrested
[person] and the magistrate shall be made. The 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 recording is made if the person is charged with a
misdemeanor or the 120th day after the date on which the recording
is made if the person is charged with a felony. The counsel for the
defendant may obtain a copy of the recording on payment of a
reasonable amount to cover costs of reproduction. For purposes of
this subsection, "electronic broadcast system" means a two-way
electronic communication of image and sound between the person
arrested [person] and the magistrate and includes secure Internet
videoconferencing.
SECTION 2. This Act takes effect September 1, 2017.