Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Hinojosa                                     H.B. No. 3236

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the notice of right to counsel in criminal cases.

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

 1-4           SECTION 1.  Article 15.17(a), Texas Code of Criminal

 1-5     Procedure is amended to read as follows:

 1-6           (a).  In each case enumerated in this Code, the person making

 1-7     the arrest shall without unnecessary delay take the person arrested

 1-8     or have him taken before some magistrate of the county where the

 1-9     accused was arrested or, if necessary to provide more expeditiously

1-10     to the person arrested the warnings described by this Article,

1-11     before a magistrate in a county bordering the county in which the

1-12     arrest was made.  The arrested person may be taken before the

1-13     magistrate in person or the image of the arrested person may be

1-14     broadcast by closed circuit television to the magistrate.  The

1-15     magistrate shall inform in clear language the person arrested

1-16     either in person or by closed circuit television, of the accusation

1-17     against him and of any affidavit filed therewith, of his right to

1-18     retain counsel, of his right to remain silent, of his right to have

1-19     an attorney present during any interview with peace officers or

1-20     attorneys representing the state, of his right to terminate the

1-21     interview at any time, of his right to request the appointment of

1-22     counsel if he is indigent and cannot afford counsel, and of his

1-23     right to have an examining trial.  The magistrate shall orally

1-24     inform each accused person of what procedures are used to appoint

 2-1     counsel for indigent defendants, and provide each with the

 2-2     following written statement in a language understood by the accused

 2-3     person:  "If you cannot afford an attorney and you want

 2-4     representation in your criminal case, make your request for an

 2-5     attorney to:  (name, title, address, and telephone number of a

 2-6     person responsible for making appointments)."  He shall also inform

 2-7     the person arrested that he is not required to make a statement and

 2-8     that any statement made by him may be used against him.  The

 2-9     magistrate shall allow the person arrested reasonable time and

2-10     opportunity to consult counsel and shall admit the person arrested

2-11     magistrate shall allow the person arrested reasonable time and

2-12     opportunity to consult counsel and shall admit the person arrested

2-13     to bail if allowed by law.  A closed circuit television system may

2-14     not be used under this subsection unless the system provides for a

2-15     two-way communication of image and sound between the arrested

2-16     person and the magistrate.  A recording of the communication

2-17     between the arrested person and the magistrate shall be made.  The

2-18     recording shall be preserved until the earlier of the following

2-19     dates:  (1)  the date on which the pretrial hearing ends; or

2-20     (2)  the 91st day after the date on which the recording is made if

2-21     the person is charged with a misdemeanor or the 120th day after the

2-22     date on which the recording is made if the person is charged with a

2-23     felony.  The counsel for the defendant may obtain a copy of the

2-24     recording on payment of a reasonable amount to cover costs of

2-25     reproduction.

2-26           SECTION 2.  The change in law made by this Act applies only

2-27     to appeals commenced on or after the effective date of this Act.

2-28           SECTION 3.  The effective date of this Act is September 1,

2-29     1997.

2-30           SECTION 4.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended.