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.