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A BILL TO BE ENTITLED
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AN ACT
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relating to the appearance of an arrested person before a |
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magistrate and to the retention of certain related records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 15.17(a) and (f), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a)(1) In each case enumerated in this Code, the person |
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making the arrest or the person having custody of the person |
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arrested shall without unnecessary delay, but not later than 48 |
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hours after the person is arrested, take the person arrested or have |
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the person [him] taken before some magistrate of the county where |
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the person [accused] was arrested or, to provide more expeditiously |
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to the person arrested the warnings described by this article, |
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before a magistrate in any other county of this state. The arrested |
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person may be taken before the magistrate in person or the image and |
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sound of the arrested person may be presented to the magistrate by |
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means of a videoconference. For purposes of this subsection, |
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"videoconference" means a two-way electronic communication of |
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image and sound between the arrested person and the magistrate and |
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includes secure Internet videoconferencing. |
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(2) The magistrate shall inform in clear language the |
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person arrested, either in person or through a videoconference, of: |
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(A) the accusation against the person [him] and |
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of any affidavit filed with the accusation; |
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(B) the person's [therewith, of his] right to |
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retain counsel; |
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(C) the person's [, of his] right to remain |
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silent and to not make a statement; |
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(D) the fact that any statement the person makes |
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may be used against the person; |
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(E) the person's [, of his] right to have an |
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attorney present during any interview with peace officers or |
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attorneys representing the state; |
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(F) the person's [, of his] right to terminate |
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the interview at any time; |
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(G) the person's [, and of his] right to have an |
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examining trial; |
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(H) [. The magistrate shall also inform the |
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person arrested of] the person's right to request the appointment |
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of counsel if the person cannot afford counsel; and |
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(I) [. The magistrate shall inform the person |
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arrested of] the procedures for requesting appointment of counsel. |
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(3) If applicable, the magistrate shall inform the |
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arrested person that the person may file the affidavit described by |
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Article 17.028(f). |
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(4) If the arrested person does not speak and |
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understand the English language or is deaf, the magistrate shall |
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inform the person in a manner consistent with Articles 38.30 and |
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38.31, as appropriate. |
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(5) If the proceeding is conducted through a |
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videoconference, the magistrate shall ensure that the arrested |
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person is able to connect to and understand the image and sound of |
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the videoconference. |
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(6) If the magistrate has reasonable cause to believe |
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that the arrested person has a mental illness or is a person with an |
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intellectual disability, the magistrate shall follow the |
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procedures under Article 16.22. |
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(7) If the magistrate is unable to ensure that the |
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arrested person is able to understand and participate in the |
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proceeding, the magistrate shall: |
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(A) if the magistrate has appointing authority, |
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appoint counsel for the person; or |
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(B) if the magistrate does not have appointing |
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authority, notify the appointing authority of the person's |
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inability to understand and participate in the proceeding. |
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(8) The magistrate shall ensure that reasonable |
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assistance in completing the necessary forms for requesting |
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appointment of counsel is provided to the arrested person at the |
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same time the person is informed of the person's rights under this |
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subsection. |
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(9) If the arrested person [arrested] is indigent and |
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requests appointment of counsel and if the magistrate is authorized |
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under Article 26.04 to appoint counsel for indigent defendants in |
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the county, the magistrate shall appoint counsel in accordance with |
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Article 1.051. If the magistrate is not authorized to appoint |
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counsel, the magistrate shall without unnecessary delay, but not |
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later than 24 hours after the arrested person [arrested] requests |
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appointment of counsel, transmit, or cause to be transmitted to the |
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court or to the courts' designee authorized under Article 26.04 to |
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appoint counsel in the county, the necessary forms for requesting |
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and ruling on the appointment of counsel. [The magistrate shall |
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also inform the person arrested that he is not required to make a |
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statement and that any statement made by him may be used against |
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him.] |
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(10) The magistrate shall allow the arrested person |
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[arrested] reasonable time and opportunity to consult counsel and |
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shall, after determining whether the person is currently on bail |
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for a separate criminal offense and whether the bail decision is |
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subject to Article 17.027, admit the person [arrested] to bail if |
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allowed by law. |
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(11) A record of the communication between the |
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arrested person and the magistrate shall be made. [The record shall |
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be preserved until the earlier of the following dates: |
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[(1) the date on which the pretrial hearing ends; or |
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[(2) the 91st day after the date on which the record is |
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made if the person is charged with a misdemeanor or the 120th day |
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after the date on which the record is made if the person is charged |
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with a felony. For purposes of this subsection, "videoconference" |
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means a two-way electronic communication of image and sound between |
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the arrested person and the magistrate and includes secure Internet |
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videoconferencing.] |
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(f) A record required under Subsection (a) or (e) may |
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consist of written forms, electronic recordings, or other |
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documentation as authorized by procedures adopted in the county |
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under Article 26.04(a). The record must be retained for at least |
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three years after final judgment is entered in the case or the |
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proceedings are otherwise terminated. The counsel for the defendant |
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may obtain a copy of the record on payment of a reasonable amount to |
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cover the costs of reproduction or, if the defendant is indigent, |
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the court shall provide a copy to the defendant without charging a |
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cost for the copy. |
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SECTION 2. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |