SRC-SLL S.B. 319 75(R)BILL ANALYSIS


Senate Research CenterS.B. 319
By: Harris
Criminal Justice
2-18-97
Committee Report (Amended)


DIGEST 

Currently, Texas law provides that, under certain circumstances, a
juvenile's written statement may be admissible in evidence only if a
magistrate warns the child of certain rights, the potential for the child
to be tried as an adult, and the potential to be transferred to the Texas
Department of Criminal Justice.  The current statutory warning is too
complex, lengthy, and difficult to understand.  This bill will simplify
the warning which a magistrate is required to give to a child before the
child provides a written statement regarding an offense and will provide
for videotaping of the warning. 

PURPOSE

As proposed, S.B. 319 changes the warning which a magistrate must give a
child before the child provides a written statement regarding an offense
and provides for videotaping of the warning. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.09, Family Code, to provide that,
notwithstanding any of the provisions of Subsection (a), the statement of
a child is admissible in evidence in any future proceeding concerning the
matter about which the statement was given if the statement is given in
the manner provided by this section.  Provides that a statement by a child
is admissible if certain conditions are met.  Deletes existing Paragraphs
E and F.  Authorizes the magistrate to sign a statement under Subsection
(c) only if the magistrate is fully convinced that the child understands
the nature and contents of the statement and that the child is signing the
same voluntarily.  Sets forth the required items of the statement.
Provides that a statement is admissible if it is made orally and certain
conditions are met.  Provides that a statement is admissible if the
statement was res gestae of the delinquent conduct or the conduct
indicating a need for supervision or of the arrest. Authorizes the warning
of the magistrate given under this section to the child to be videotaped
only if the warning is made at a facility authorized for the detention of
a child under this article.  Makes conforming and nonsubstantive changes. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.


SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 51.09, Family Code, by adding Subsection (h) to
authorize videotaping of the magistrate's warning only if the warning is
made at certain facilities.