SRC-DPW S.B. 460 76(R)BILL ANALYSIS


Senate Research CenterS.B. 460
By: Armbrister
Criminal Justice
3/11/1999
Committee Report (Amended)


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.  This bill would make oral or sign language statements
inadmissible in criminal proceedings unless the accused was given a certain
warning. 

PURPOSE

As proposed, S.B. 460 provides that no oral or sign language statement is
admissible in criminal proceedings unless the accused was given a certain
warning. 

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 no oral or sign language statement resulting from a custodial
interrogation is admissible in a criminal proceeding unless the accused was
given the warning in Subsection (a) of Section 2 above or its fully
effective equivalent.  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.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 3(a), Article 38.22, Code of Criminal Procedure, to provide
than no, rather than an, oral or sign language statement is admissible
unless the accused was given a certain warning, rather than the statement
violates laws of the United States or provisions of the constitution.