Texas 2021 - 87th Regular

Texas House Bill HB689 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R13306~~ AJZ-D
	1	+	87R2048 AJZ-F
2	2		By: Collier H.B. No. 689
3		-	Substitute the following for H.B. No. 689:
4		-	By: Crockett C.S.H.B. No. 689
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the appearance of an arrested person before a
10		-	magistrate ~~and to the retention of certain related records~~.
	8	+	magistrate.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. ~~Articles~~ 15.17(a~~) and (f~~), Code of Criminal
13		-	~~Procedure, are~~ amended to read as follows:
	10	+	SECTION 1. Article 15.17(a), Code of Criminal Procedure, is
	11	+	amended to read as follows:
14	12		(a) (1) In each case enumerated in this Code, the person
15	13		making the arrest or the person having custody of the person
16	14		arrested shall without unnecessary delay, but not later than 48
17	15		hours after the person is arrested, take the person arrested or have
18	16		the person [him] taken before some magistrate of the county where
19	17		the person [accused] was arrested or, to provide more expeditiously
20	18		to the person arrested the warnings described by this article,
21	19		before a magistrate in any other county of this state. The arrested
22	20		person may be taken before the magistrate in person or the image and
23	21		sound of the arrested person may be presented to the magistrate by
24	22		means of a videoconference. For purposes of this subsection,
25	23		"videoconference" means a two-way electronic communication of
26	24		image and sound between the arrested person and the magistrate and
27	25		includes secure Internet videoconferencing.
28	26		(2) The magistrate shall inform in clear language the
29	27		person arrested, either in person or through a videoconference, of:
30	28		(A) the accusation against the person [him] and
31	29		of any affidavit filed with the accusation;
32	30		(B) the person's [therewith, of his] right to
33	31		retain counsel;
34	32		(C) the person's [, of his] right to remain
35	33		silent and to not make a statement;
36	34		(D) the fact that any statement the person makes
37	35		may be used against the person;
38	36		(E) the person's [, of his] right to have an
39	37		attorney present during any interview with peace officers or
40	38		attorneys representing the state;
41	39		(F) the person's [, of his] right to terminate
42	40		the interview at any time;
43	41		(G) the person's [, and of his] right to have an
44	42		examining trial;
45	43		(H) [. The magistrate shall also inform the
46	44		person arrested of] the person's right to request the appointment
47	45		of counsel if the person cannot afford counsel; and
48	46		(I) [. The magistrate shall inform the person
49	47		arrested of] the procedures for requesting appointment of counsel.
50	48		(3) If the person does not speak and understand the
51	49		English language or is deaf, the magistrate shall inform the person
52	50		in a manner consistent with Articles 38.30 and 38.31, as
53	51		appropriate.
54	52		(4) If the proceeding is conducted through a
55	53		videoconference, the magistrate shall ensure that the arrested
56	54		person is able to connect to and understand the image and sound of
57	55		the videoconference.
58	56		(5) If the magistrate has reasonable cause to believe
59	57		that the arrested person has a mental illness or is a person with an
60	58		intellectual disability, the magistrate shall follow the
61	59		procedures under Article 16.22.
62	60		(6) If the magistrate is unable to ensure that the
63	61		arrested person is able to understand and participate in the
64	62		proceeding, the magistrate shall:
65	63		(A) if the magistrate has appointing authority,
66	64		appoint counsel for the person; or
67	65		(B) if the magistrate does not have appointing
68	66		authority, notify the appointing authority of the person's
69	67		inability to understand and participate in the proceeding.
70	68		(7) The magistrate shall ensure that reasonable
71	69		assistance in completing the necessary forms for requesting
72	70		appointment of counsel is provided to the arrested person at the
73	71		same time the person is informed of the person's rights under this
74	72		subsection.
75	73		(8) If the arrested person [arrested] is indigent and
76	74		requests appointment of counsel and if the magistrate is authorized
77	75		under Article 26.04 to appoint counsel for indigent defendants in
78	76		the county, the magistrate shall appoint counsel in accordance with
79	77		Article 1.051. If the magistrate is not authorized to appoint
80	78		counsel, the magistrate shall without unnecessary delay, but not
81	79		later than 24 hours after the arrested person [arrested] requests
82	80		appointment of counsel, transmit, or cause to be transmitted to the
83	81		court or to the courts' designee authorized under Article 26.04 to
84	82		appoint counsel in the county, the necessary forms for requesting
85	83		and ruling on the appointment of counsel. [The magistrate shall
86	84		also inform the person arrested that he is not required to make a
87	85		statement and that any statement made by him may be used against
88	86		him.]
89	87		(9) The magistrate shall allow the arrested person
90	88		[arrested] reasonable time and opportunity to consult counsel and
91	89		shall, after determining whether the person is currently on bail
92	90		for a separate criminal offense, admit the person [arrested] to
93	91		bail if allowed by law.
94	92		(10) A record of the communication between the
95		-	arrested person and the magistrate shall be made. [The record shall
	93	+	arrested person and the magistrate shall be made. The record shall
96	94		be preserved until the earlier of the following dates:
97		-	[(1) the date on which the pretrial hearing ends; or
98		-	[(2) the 91st day after the date on which the record is
99		-	made if the person is charged with a misdemeanor or the 120th day
100		-	after the date on which the record is made if the person is charged
101		-	with a felony. For purposes of this subsection, "videoconference"
102		-	means a two-way electronic communication of image and sound between
103		-	the arrested person and the magistrate and includes secure Internet
104		-	videoconferencing.]
105		-	(f) A record required under Subsection (a) or (e) may
106		-	consist of written forms, electronic recordings, or other
107		-	documentation as authorized by procedures adopted in the county
108		-	under Article 26.04(a). The record must be retained for at least
109		-	three years after final judgment is entered in the case or the
110		-	proceedings are otherwise terminated. The counsel for the defendant
111		-	may obtain a copy of the record on payment of a reasonable amount to
112		-	cover the costs of reproduction or, if the defendant is indigent,
113		-	the court shall provide a copy to the defendant without charging a
114		-	cost for the copy.
	95	+	(A) [(1)] the date on which the pretrial hearing
	96	+	ends; or
	97	+	(B) [(2)] the 91st day after the date on which
	98	+	the record is made if the person is charged with a misdemeanor or
	99	+	the 120th day after the date on which the record is made if the
	100	+	person is charged with a felony. [For purposes of this subsection,
	101	+	"videoconference" means a two-way electronic communication of
	102	+	image and sound between the arrested person and the magistrate and
	103	+	includes secure Internet videoconferencing.]
115	104		SECTION 2. The change in law made by this Act applies only
116	105		to a person who is arrested on or after the effective date of this
117	106		Act. A person arrested before the effective date of this Act is
118	107		governed by the law in effect immediately before the effective date
119	108		of this Act, and the former law is continued in effect for that
120	109		purpose.
121	110		SECTION 3. This Act takes effect September 1, 2021.