Texas 2019 - 86th Regular

Texas House Bill HB929 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 929
	1	+	By: Anchia, Blanco (Senate Sponsor - Watson) H.B. No. 929
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 17, 2019, read first time and referred to Committee on
	4	+	Veteran Affairs & Border Security; May 10, 2019, reported
	5	+	favorably by the following vote: Yeas 5, Nays 1; May 10, 2019, sent
	6	+	to printer.)
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the duties of a magistrate to inform an arrested person
6	12		of consequences of a plea of guilty or nolo contendere.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Article 15.17(a), Code of Criminal Procedure, is
9	15		amended to read as follows:
10	16		(a) In each case enumerated in this Code, the person making
11	17		the arrest or the person having custody of the person arrested shall
12	18		without unnecessary delay, but not later than 48 hours after the
13	19		person is arrested, take the person arrested or have the person
14	20		arrested [him] taken before some magistrate of the county where the
15	21		person [accused] was arrested or, to provide more expeditiously to
16	22		the person arrested the warnings described by this article, before
17	23		a magistrate in any other county of this state. The person
18	24		arrested [person] may be taken before the magistrate in person or
19	25		the image of the person arrested [person] may be presented to the
20	26		magistrate by means of a videoconference. The magistrate shall
21	27		inform in clear language the person arrested, either in person or
22	28		through a videoconference, of the accusation against the person
23	29		[him] and [of] any affidavit filed therewith and of the person's
24	30		rights [, of his right] to retain counsel, [of his right] to remain
25	31		silent, [of his right] to have an attorney present during any
26	32		interview with peace officers or attorneys representing the state,
27	33		[of his right] to terminate the interview at any time, and [of his
28	34		right] to have an examining trial. The magistrate shall inform the
29	35		person arrested that a plea of guilty or nolo contendere for the
30	36		offense charged may affect the person's eligibility for enlistment
31	37		or reenlistment in the United States armed forces or may result in
32	38		the person's discharge from the United States armed forces if the
33	39		person is a member of the armed forces. The magistrate shall also
34	40		inform the person arrested of the person's right to request the
35	41		appointment of counsel if the person cannot afford counsel. The
36	42		magistrate shall inform the person arrested of the procedures for
37	43		requesting appointment of counsel. If the person arrested does not
38	44		speak and understand the English language or is deaf, the
39	45		magistrate shall inform the person in a manner consistent with
40	46		Articles 38.30 and 38.31, as appropriate. The magistrate shall
41	47		ensure that reasonable assistance in completing the necessary forms
42	48		for requesting appointment of counsel is provided to the person at
43	49		the same time. If the person arrested is indigent and requests
44	50		appointment of counsel and if the magistrate is authorized under
45	51		Article 26.04 to appoint counsel for indigent defendants in the
46	52		county, the magistrate shall appoint counsel in accordance with
47	53		Article 1.051. If the magistrate is not authorized to appoint
48	54		counsel, the magistrate shall without unnecessary delay, but not
49	55		later than 24 hours after the person arrested requests appointment
50	56		of counsel, transmit, or cause to be transmitted to the court or to
51	57		the courts' designee authorized under Article 26.04 to appoint
52	58		counsel in the county, the forms requesting the appointment of
53	59		counsel. The magistrate shall also inform the person arrested that
54	60		the person [he] is not required to make a statement and that any
55	61		statement made by the person [him] may be used against the person
56	62		[him]. The magistrate shall allow the person arrested reasonable
57	63		time and opportunity to consult counsel and shall, after
58	64		determining whether the person is currently on bail for a separate
59	65		criminal offense, admit the person arrested to bail if allowed by
60	66		law. A record of the communication between the person arrested
61	67		[person] and the magistrate shall be made. The record shall be
62	68		preserved until the earlier of the following dates: (1) the date
63	69		on which the pretrial hearing ends; or (2) the 91st day after the
64	70		date on which the record is made if the person is charged with a
65	71		misdemeanor or the 120th day after the date on which the record is
66	72		made if the person is charged with a felony. For purposes of this
67	73		subsection, "videoconference" means a two-way electronic
68	74		communication of image and sound between the person arrested
69	75		[person] and the magistrate and includes secure Internet
70	76		videoconferencing.
71	77		SECTION 2. This Act takes effect September 1, 2019.
72		-	______________________________ ______________________________
73		-	President of the Senate Speaker of the House
74		-	I certify that H.B. No. 929 was passed by the House on April
75		-	12, 2019, by the following vote: Yeas 128, Nays 15, 1 present, not
76		-	voting.
77		-	______________________________
78		-	Chief Clerk of the House
79		-	I certify that H.B. No. 929 was passed by the Senate on May
80		-	15, 2019, by the following vote: Yeas 31, Nays 0.
81		-	______________________________
82		-	Secretary of the Senate
83		-	APPROVED: _____________________
84		-	Date
85		-	_____________________
86		-	Governor
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