SRC-DPW S.B. 460 76(R) BILL ANALYSIS Senate Research Center S.B. 460 By: Armbrister Criminal Justice 3/5/1999 As Filed DIGEST 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. Texas is one of only a handful of states that do not make oral confessions to law enforcement officials admissible in criminal trials. This bill would make oral or sign language statements admissible in criminal proceedings. PURPOSE As proposed, S.B. 460 provides that oral or sign language statements are admissible in criminal proceedings unless such statements are in violation of the constitution, laws, or rules of the United States or Texas. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3, Article 38.22, Code of Criminal Procedure, to provide that an oral or sign language statement resulting from a custodial interrogation is admissible in a criminal proceeding unless the statement would violate the constitution or laws of the United States or this state, including the applicable rules of evidence. Deletes criteria for admissibility of an oral or sign language statement taken in a custodial interrogation. Makes conforming and nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.