By: Truan S.B. No. 1336 A BILL TO BE ENTITLED AN ACT 1-1 relating to the provision of interpreters, telecommunication 1-2 devices, and other services for deaf or hearing-impaired persons 1-3 who are arrested or confined. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 15, Code of Criminal Procedure, is 1-6 amended by adding Article 15.171 to read as follows: 1-7 Art. 15.171. INTERPRETER AND TELECOMMUNICATION DEVICE FOR 1-8 DEAF OR HEARING-IMPAIRED ACCUSED. (a) Not later than 24 hours 1-9 after a law enforcement agency takes into custody a deaf or 1-10 hearing-impaired person who has been arrested, with or without a 1-11 warrant, the agency shall contact the toll-free interpreter 1-12 services information number established under Section 81.0062, 1-13 Human Resources Code, to locate a qualified interpreter for the 1-14 person. 1-15 (b) After a qualified interpreter is located, the magistrate 1-16 shall appoint the interpreter without delay as provided by Article 1-17 15.17(c) of this code. 1-18 (c) The deaf or hearing-impaired accused may refuse the 1-19 services of an interpreter. 1-20 (d) The deaf or hearing-impaired accused shall be provided 1-21 access to a telecommunication device for the deaf equal to the 1-22 access to a telephone provided to other arrested persons while in 1-23 custody. 1-24 (e) The failure of a law enforcement agency or magistrate to 2-1 perform an act required under this article is not grounds for 2-2 suppression of evidence under Article 38.23 of this code. 2-3 SECTION 2. Chapter 81, Human Resources Code, is amended by 2-4 adding Section 81.0062 to read as follows: 2-5 Sec. 81.0062. TOLL-FREE INTERPRETER SERVICES INFORMATION 2-6 NUMBER. (a) The commission shall establish and maintain a 2-7 toll-free telephone number for interpreter services information to 2-8 assist law enforcement agencies or courts in locating qualified 2-9 interpreters for appointment for deaf or hearing-impaired 2-10 defendants as required by Article 15.171 or 38.31, Code of Criminal 2-11 Procedure. 2-12 (b) The toll-free number must be available 24 hours a day. 2-13 (c) The commission may adopt rules necessary to implement 2-14 this section. 2-15 SECTION 3. Subchapter A, Chapter 501, Government Code, is 2-16 amended by adding Section 501.019 to read as follows: 2-17 Sec. 501.019. TELECOMMUNICATION DEVICES AND OTHER SERVICES 2-18 FOR DEAF OR HEARING-IMPAIRED INMATES. (a) The institutional 2-19 division shall provide a deaf or hearing-impaired inmate with 2-20 access to a telecommunication device for the deaf that is equal to 2-21 the access to a telephone the division provides to inmates who are 2-22 not deaf or hearing-impaired. 2-23 (b) The institutional division shall provide deaf or 2-24 hearing-impaired inmates access to all services that the division 2-25 provides inmates who are not deaf or hearing-impaired. 2-26 SECTION 4. Subchapter A, Chapter 351, Local Government Code, 2-27 is amended by adding Section 351.016 to read as follows: 3-1 Sec. 351.016. TELECOMMUNICATION DEVICES AND OTHER SERVICES 3-2 FOR DEAF OR HEARING-IMPAIRED INMATES. (a) The sheriff or jail 3-3 administrator shall provide a deaf or hearing-impaired inmate with 3-4 access to a telecommunication device for the deaf that is equal to 3-5 the access to a telephone the sheriff or administrator provides to 3-6 inmates who are not deaf or hearing-impaired. 3-7 (b) The sheriff or jail administrator shall provide deaf or 3-8 hearing-impaired inmates access to all services that the sheriff or 3-9 administrator provides inmates who are not deaf or 3-10 hearing-impaired. 3-11 SECTION 5. This Act takes effect September 1, 1993. 3-12 SECTION 6. The importance of this legislation and the 3-13 crowded condition of the calendars in both houses create an 3-14 emergency and an imperative public necessity that the 3-15 constitutional rule requiring bills to be read on three several 3-16 days in each house be suspended, and this rule is hereby suspended.