By Lewis of Tarrant H.B. No. 492
76R1227 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the manner of electronically recording a statement made
1-3 by an accused as a result of a custodial interrogation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3(a), Article 38.22, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) No oral or sign language statement of an accused made as
1-8 a result of custodial interrogation shall be admissible against the
1-9 accused in a criminal proceeding unless:
1-10 (1) an audio and visual electronic recording,
1-11 including a [which may include] motion picture or [,] video tape[,
1-12 or other visual recording], is made of the statement;
1-13 (2) prior to the statement but during the recording
1-14 the accused is given the warning in Subsection (a) of Section 2
1-15 above and the accused knowingly, intelligently, and voluntarily
1-16 waives any rights set out in the warning;
1-17 (3) the recording device was capable of making an
1-18 accurate recording, the operator was competent, and the recording
1-19 is accurate and has not been altered;
1-20 (4) all voices on the recording are identified; and
1-21 (5) not later than the 20th day before the date of the
1-22 proceeding, the attorney representing the defendant is provided
1-23 with a true, complete, and accurate copy of all recordings of the
1-24 defendant made under this article.
2-1 SECTION 2. (a) The change in law made by this Act applies
2-2 only to the recording of a custodial interrogation that is
2-3 conducted on or after the effective date of this Act.
2-4 (b) The recording of a custodial interrogation that is
2-5 conducted before the effective date of this Act is covered by the
2-6 law in effect when the interrogation was conducted, and the former
2-7 law is continued in effect for that purpose.
2-8 SECTION 3. This Act takes effect September 1, 1999.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.