1-1 By: Truan S.B. No. 1336
1-2 (In the Senate - Filed April 1, 1993; April 5, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 4, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 4, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 1336 By: Nelson
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the provision of interpreters, telecommunication
1-20 devices, and other services for deaf or hearing-impaired persons
1-21 who are arrested or confined.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Chapter 15, Code of Criminal Procedure, is
1-24 amended by adding Article 15.171 to read as follows:
1-25 Art. 15.171. INTERPRETER AND TELECOMMUNICATION DEVICE FOR
1-26 DEAF OR HEARING-IMPAIRED ACCUSED. (a) Not later than 24 hours
1-27 after a law enforcement agency takes into custody a deaf or
1-28 hearing-impaired person who has been arrested, with or without a
1-29 warrant, the agency shall contact the toll-free interpreter
1-30 services information number established under Section 81.0062,
1-31 Human Resources Code, to locate a qualified interpreter for the
1-32 person.
1-33 (b) After a qualified interpreter is located, the magistrate
1-34 shall appoint the interpreter without delay as provided by Article
1-35 15.17(c) of this code.
1-36 (c) The deaf or hearing-impaired accused may refuse the
1-37 services of an interpreter.
1-38 (d) The deaf or hearing-impaired accused shall be provided
1-39 access to a telecommunication device for the deaf equal to the
1-40 access to a telephone provided to other arrested persons while in
1-41 custody.
1-42 SECTION 2. Chapter 81, Human Resources Code, is amended by
1-43 adding Section 81.0062 to read as follows:
1-44 Sec. 81.0062. TOLL-FREE INTERPRETER SERVICES INFORMATION
1-45 NUMBER. (a) The commission shall establish and maintain a
1-46 toll-free telephone number for interpreter services information to
1-47 assist law enforcement agencies or courts in locating qualified
1-48 interpreters for appointment for deaf or hearing-impaired
1-49 defendants as required by Article 15.171 or 38.31, Code of Criminal
1-50 Procedure.
1-51 (b) The toll-free number must be available 24 hours a day.
1-52 (c) The commission may adopt rules necessary to implement
1-53 this section.
1-54 SECTION 3. Subchapter A, Chapter 501, Government Code, is
1-55 amended by adding Section 501.019 to read as follows:
1-56 Sec. 501.019. TELECOMMUNICATION DEVICES AND OTHER SERVICES
1-57 FOR DEAF OR HEARING-IMPAIRED INMATES. (a) The institutional
1-58 division shall provide a deaf or hearing-impaired inmate with
1-59 access to a telecommunication device for the deaf that is equal to
1-60 the access to a telephone the division provides to inmates who are
1-61 not deaf or hearing-impaired.
1-62 (b) The institutional division shall provide deaf or
1-63 hearing-impaired inmates access to all services that the division
1-64 provides inmates who are not deaf or hearing-impaired.
1-65 SECTION 4. Subchapter A, Chapter 351, Local Government Code,
1-66 is amended by adding Section 351.016 to read as follows:
1-67 Sec. 351.016. TELECOMMUNICATION DEVICES AND OTHER SERVICES
1-68 FOR DEAF OR HEARING-IMPAIRED INMATES. (a) The sheriff or jail
2-1 administrator shall provide a deaf or hearing-impaired inmate with
2-2 access to a telecommunication device for the deaf that is equal to
2-3 the access to a telephone the sheriff or administrator provides to
2-4 inmates who are not deaf or hearing-impaired.
2-5 (b) The sheriff or jail administrator shall provide deaf or
2-6 hearing-impaired inmates access to all services that the sheriff or
2-7 administrator provides inmates who are not deaf or
2-8 hearing-impaired.
2-9 SECTION 5. This Act takes effect September 1, 1993.
2-10 SECTION 6. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
2-15 * * * * *
2-16 Austin,
2-17 Texas
2-18 May 4, 1993
2-19 Hon. Bob Bullock
2-20 President of the Senate
2-21 Sir:
2-22 We, your Committee on Criminal Justice to which was referred S.B.
2-23 No. 1336, have had the same under consideration, and I am
2-24 instructed to report it back to the Senate with the recommendation
2-25 that it do not pass, but that the Committee Substitute adopted in
2-26 lieu thereof do pass and be printed.
2-27 Whitmire,
2-28 Chairman
2-29 * * * * *
2-30 WITNESSES
2-31 FOR AGAINST ON
2-32 ___________________________________________________________________
2-33 Name: John Boston x
2-34 Representing: Tx Crim Def Lawyers Assoc
2-35 City: Austin
2-36 -------------------------------------------------------------------
2-37 Name: Kile Buddy Bauer x
2-38 Representing: Travis Co. Services for Deaf
2-39 City: Austin
2-40 -------------------------------------------------------------------
2-41 Name: Fran Herrington-Borre x
2-42 Representing: Symp on Deaf & Hard Hearing
2-43 City: Austin
2-44 -------------------------------------------------------------------
2-45 Name: James Degnan x
2-46 Representing: Symp on Deaf & Hard Hearing
2-47 City: Austin
2-48 -------------------------------------------------------------------
2-49 Name: Danny Hill x
2-50 Representing: TDCAA
2-51 City: Amarillo
2-52 -------------------------------------------------------------------
2-53 Name: Knox Fitzpatrick x
2-54 Representing: Dallas DA's Office
2-55 City: Dallas
2-56 -------------------------------------------------------------------
2-57 Name: Billy Collins x
2-58 Representing: TCDHI
2-59 City: Austin
2-60 -------------------------------------------------------------------
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: Dwayne Pruitt x
2-64 Representing: TDCAA
2-65 City: Brownfield
2-66 -------------------------------------------------------------------