Amend SB 460 by striking all below the enacting clause and
substituting the following:
      SECTION 1.  Section 3, Article 38.22, Code of Criminal
Prodecure, is amended by amending Subsection (a) and adding
Subsection (f) to read as follows:
      (a)  Except as provided by Subsections (c) and (f), no <No>
oral or sign language statement of an accused made as a result of
custodial interrogation shall be admissible against the accused in
a criminal proceeding unless:
            (1)  an electronic aural recording or an electronic
visual recording, which may include motion picture, video tape, or
other <visual> recording, is made of the statement;
            (2)  prior to the statement but during the recording
the accused is given the warning in Subsection (a) of Section 2
above and the accused knowingly, intelligently, and voluntarily
waives any rights set out in the warning;
            (3)  the recording device was capable of making an
accurate recording, the operator was competent, and the recording
is accurate and has not been altered;
            (4)  all voices on the recording are identified; and
            (5)  not later than the 20th day before the date of the
proceeding, the attorney representing the defendant is provided
with a true, complete, and accurate copy of all recordings of the
defendant made under this article.
      (f)  An oral or sign language statement that does not comply
with all requirements of Subsection (a) is nonetheless admissible
in a criminal proceeding for the purpose of impeachment of the
testimony of:
            (1)  the accused, but only if before making the
statement the accused was provided a warning that satisfied the
requirements of Section 2(a) or its fully effective equivalent and
knowingly, intelligently, and voluntarily waived the rights set out
in the warning; or
            (2)  an alibi witness, but only if the accused was
provided a warning and waived rights as described by Subdivision
(1) and:
                  (A)  the attorney for the accused does not
earlier than the 10th day before the commencement of voir dire
serve written notice to the state of an intent to offer an alibi
defense; or
                  (B)  the attorney for the accused serves notice
of an intent to offer an alibi defense within the period required
by Paragraph (A) but the attorney representing the state, not later
than the fifth day after receiving notice, serves written notice of
the contents of any statement the state intends to use to impeach
the testimony of the alibi witness.
      SECTION 2.  The change in law made by this Act applies only
to an oral or sign language statement made on or after the
effective date of this Act.  A statement made before the effective
date of this Act is covered by the law in effect when the statement
was made, and the former law is continued in effect for that
purpose.
      SECTION 3.  This Act takes effect September 1, 1999.
      SECTION 4.  The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.