Texas 2023 - 88th Regular

Texas House Bill HB405 Compare Versions

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1	1	88R3276 AJZ-F
2	2	By: Collier H.B. No. 405
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appearance of an arrested person before a
8	8	magistrate and to the retention of certain related records.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 15.17(a) and (f), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(a)(1) In each case enumerated in this Code, the person
13	13	making the arrest or the person having custody of the person
14	14	arrested shall without unnecessary delay, but not later than 48
15	15	hours after the person is arrested, take the person arrested or have
16	16	the person [him] taken before some magistrate of the county where
17	17	the person [accused] was arrested or, to provide more expeditiously
18	18	to the person arrested the warnings described by this article,
19	19	before a magistrate in any other county of this state. The arrested
20	20	person may be taken before the magistrate in person or the image and
21	21	sound of the arrested person may be presented to the magistrate by
22	22	means of a videoconference. For purposes of this subsection,
23	23	"videoconference" means a two-way electronic communication of
24	24	image and sound between the arrested person and the magistrate and
25	25	includes secure Internet videoconferencing.
26	26	(2) The magistrate shall inform in clear language the
27	27	person arrested, either in person or through a videoconference, of:
28	28	(A) the accusation against the person [him] and
29	29	of any affidavit filed with the accusation;
30	30	(B) the person's [therewith, of his] right to
31	31	retain counsel;
32	32	(C) the person's [, of his] right to remain
33	33	silent and to not make a statement;
34	34	(D) the fact that any statement the person makes
35	35	may be used against the person;
36	36	(E) the person's [, of his] right to have an
37	37	attorney present during any interview with peace officers or
38	38	attorneys representing the state;
39	39	(F) the person's [, of his] right to terminate
40	40	the interview at any time;
41	41	(G) the person's [, and of his] right to have an
42	42	examining trial;
43	43	(H) [. The magistrate shall also inform the
44	44	person arrested of] the person's right to request the appointment
45	45	of counsel if the person cannot afford counsel; and
46	46	(I) [. The magistrate shall inform the person
47	47	arrested of] the procedures for requesting appointment of counsel.
48	48	(3) If applicable, the magistrate shall inform the
49	49	arrested person that the person may file the affidavit described by
50	50	Article 17.028(f).
51	51	(4) If the arrested person does not speak and
52	52	understand the English language or is deaf, the magistrate shall
53	53	inform the person in a manner consistent with Articles 38.30 and
54	54	38.31, as appropriate.
55	55	(5) If the proceeding is conducted through a
56	56	videoconference, the magistrate shall ensure that the arrested
57	57	person is able to connect to and understand the image and sound of
58	58	the videoconference.
59	59	(6) If the magistrate has reasonable cause to believe
60	60	that the arrested person has a mental illness or is a person with an
61	61	intellectual disability, the magistrate shall follow the
62	62	procedures under Article 16.22.
63	63	(7) If the magistrate is unable to ensure that the
64	64	arrested person is able to understand and participate in the
65	65	proceeding, the magistrate shall:
66	66	(A) if the magistrate has appointing authority,
67	67	appoint counsel for the person; or
68	68	(B) if the magistrate does not have appointing
69	69	authority, notify the appointing authority of the person's
70	70	inability to understand and participate in the proceeding.
71	71	(8) The magistrate shall ensure that reasonable
72	72	assistance in completing the necessary forms for requesting
73	73	appointment of counsel is provided to the arrested person at the
74	74	same time the person is informed of the person's rights under this
75	75	subsection.
76	76	(9) If the arrested person [arrested] is indigent and
77	77	requests appointment of counsel and if the magistrate is authorized
78	78	under Article 26.04 to appoint counsel for indigent defendants in
79	79	the county, the magistrate shall appoint counsel in accordance with
80	80	Article 1.051. If the magistrate is not authorized to appoint
81	81	counsel, the magistrate shall without unnecessary delay, but not
82	82	later than 24 hours after the arrested person [arrested] requests
83	83	appointment of counsel, transmit, or cause to be transmitted to the
84	84	court or to the courts' designee authorized under Article 26.04 to
85	85	appoint counsel in the county, the necessary forms for requesting
86	86	and ruling on the appointment of counsel. [The magistrate shall
87	87	also inform the person arrested that he is not required to make a
88	88	statement and that any statement made by him may be used against
89	89	him.]
90	90	(10) The magistrate shall allow the arrested person
91	91	[arrested] reasonable time and opportunity to consult counsel and
92	92	shall, after determining whether the person is currently on bail
93	93	for a separate criminal offense and whether the bail decision is
94	94	subject to Article 17.027, admit the person [arrested] to bail if
95	95	allowed by law.
96	96	(11) A record of the communication between the
97	97	arrested person and the magistrate shall be made. [The record shall
98	98	be preserved until the earlier of the following dates:
99	99	[(1) the date on which the pretrial hearing ends; or
100	100	[(2) the 91st day after the date on which the record is
101	101	made if the person is charged with a misdemeanor or the 120th day
102	102	after the date on which the record is made if the person is charged
103	103	with a felony. For purposes of this subsection, "videoconference"
104	104	means a two-way electronic communication of image and sound between
105	105	the arrested person and the magistrate and includes secure Internet
106	106	videoconferencing.]
107	107	(f) A record required under Subsection (a) or (e) may
108	108	consist of written forms, electronic recordings, or other
109	109	documentation as authorized by procedures adopted in the county
110	110	under Article 26.04(a). The record must be retained for at least
111	111	three years after final judgment is entered in the case or the
112	112	proceedings are otherwise terminated. The counsel for the defendant
113	113	may obtain a copy of the record on payment of a reasonable amount to
114	114	cover the costs of reproduction or, if the defendant is indigent,
115	115	the court shall provide a copy to the defendant without charging a
116	116	cost for the copy.
117	117	SECTION 2. The change in law made by this Act applies only
118	118	to a person who is arrested on or after the effective date of this
119	119	Act. A person arrested before the effective date of this Act is
120	120	governed by the law in effect immediately before the effective date
121	121	of this Act, and the former law is continued in effect for that
122	122	purpose.
123	123	SECTION 3. This Act takes effect September 1, 2023.