HBA-RBT S.B. 460 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 460 By: Armbrister Criminal Jurisprudence 5/5/1999 Engrossed BACKGROUND AND PURPOSE Currently, Article 38.22, Code of Criminal Procedure, precludes the state from using statements of a suspected criminal in criminal proceedings unless the statements are either recorded or written and signed by the accused. This bill makes oral or sign language statements admissible in criminal proceedings for impeachment purposes if certain conditions, including a "Miranda warning" are met. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3, Article 38.22, Code of Criminal Procedure, to provide that no oral or sign language statement resulting from a custodial interrogation is admissible in a criminal proceeding unless an electronic aural or visual recording is made of the statement, unless the statement is used for impeachment of the testimony of the accused or an alibi witness and certain conditions including a "Miranda warning" or its fully effective equivalent, are met. Makes conforming and nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.