86R4314 AJZ-D
By: Moody H.B. No. 4474
A BILL TO BE ENTITLED
AN ACT
relating to the creation and preservation of certain records of
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. The
magistrate shall inform in clear language the person arrested,
either in person or through a videoconference, 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 of the communication between the
arrested person and the magistrate shall be made. [The record 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 is made if the person is charged with a
misdemeanor or the 120th day after the date on which the record is
made if the person is charged with a felony.] For purposes of this
subsection, "videoconference" 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). The record must be retained in compliance
with the applicable records retention schedule prepared by the
director and librarian of the Texas State Library and Archives
Commission under Section 441.158, Government Code. The counsel for
the defendant may obtain a copy of the record 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 2. Article 27.18, Code of Criminal Procedure, is
amended by amending Subsection (d) and adding Subsection (h) to
read as follows:
(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 method provided by this article [or by Article
15.17] to enter a plea or waive a right in the court with
jurisdiction over the case.
(h) For purposes of this article, "videoconference" means a
two-way electronic communication of image and sound between the
arrested person and the magistrate and includes secure Internet
videoconferencing.
SECTION 3. This Act takes effect September 1, 2019.