Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Clark                                        H.B. No. 2568

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the oral or sign language statement of an accused.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 3, Article 38.22, Code of Criminal

 1-5     Procedure, is amended by amending Subsection (a) and adding

 1-6     Subsection (f) to read as follows:

 1-7           (a)  No oral or sign language statement of an accused made as

 1-8     a result of custodial interrogation shall be admissible against the

 1-9     accused in a criminal proceeding unless:

1-10                 (1)  an electronic recording, which may include motion

1-11     picture, video tape, or other visual recording, is made of the

1-12     statement;

1-13                 (2)  prior to the statement but during the recording

1-14     the accused is given the warning in Subsection (a) of Section 2

1-15     above and the accused knowingly, intelligently, and voluntarily

1-16     waives any rights set out in the warning;

1-17                 (3)  the recording device was capable of making an

1-18     accurate recording, the operator was competent, and the recording

1-19     is accurate and has not been altered;

1-20                 (4)  all voices on the recording are identified; and

1-21                 (5)  [not later than the 20th day before the date of

1-22     the proceeding, the attorney representing the defendant is provided

1-23     with a true, complete, and accurate copy of all recordings of the

1-24     defendant made under this article.]  the defendant has received, or

 2-1     has been notified of his right to receive, a copy of the recording

 2-2     in accordance with the provisions of Subsection (f) of this

 2-3     section.

 2-4           (f)  Upon timely request by the defendant, the attorney

 2-5     representing the state shall deliver a copy of the recorded

 2-6     statement to the defendant or allow the defendant the opportunity

 2-7     to copy the recorded statement.  Notwithstanding this subsection,

 2-8     at any time during the proceeding, a judge may order the attorney

 2-9     representing the state to provide a copy of the recording to the

2-10     defendant, or allow the defendant the opportunity to copy the

2-11     recorded statement.

2-12           SECTION 2.  This Act takes effect September 1, 1997.

2-13           SECTION 3.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.