By:  Armbrister                                        S.B. No. 460
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the admissibility in a criminal proceeding of an oral
 1-2     or sign language statement made by the accused.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 3, Article 38.22, Code of Criminal
 1-5     Procedure, is amended by amending Subsection (a) and adding
 1-6     Subsection (f) to read as follows:
 1-7           (a)  Except as provided by Subsections (c) and (f), no [No]
 1-8     oral or sign language statement of an accused made as a result of
 1-9     custodial interrogation shall be admissible against the accused in
1-10     a criminal proceeding unless:
1-11                 (1)  an electronic aural recording or an electronic
1-12     visual recording, which may include motion picture, video tape, or
1-13     other [visual] recording, is made of the statement;
1-14                 (2)  prior to the statement but during the recording
1-15     the accused is given the warning in Subsection (a) of Section 2
1-16     above and the accused knowingly, intelligently, and voluntarily
1-17     waives any rights set out in the warning;
1-18                 (3)  the recording device was capable of making an
1-19     accurate recording, the operator was competent, and the recording
1-20     is accurate and has not been altered;
1-21                 (4)  all voices on the recording are identified; and
1-22                 (5)  not later than the 20th day before the date of the
1-23     proceeding, the attorney representing the defendant is provided
1-24     with a true, complete, and accurate copy of all recordings of the
 2-1     defendant made under this article.
 2-2           (f)  An oral or sign language statement that does not comply
 2-3     with all requirements of Subsection (a) is nonetheless admissible
 2-4     in a criminal proceeding for the purpose of impeachment of the
 2-5     testimony of:
 2-6                 (1)  the accused, but only if before making the
 2-7     statement the accused was provided a warning that satisfied the
 2-8     requirements of Section 2(a) or its fully effective equivalent and
 2-9     knowingly, intelligently, and voluntarily waived the rights set out
2-10     in the warning; or
2-11                 (2)  an alibi witness, but only if the accused was
2-12     provided a warning and waived rights as described by Subdivision
2-13     (1) and:
2-14                       (A)  the attorney for the accused does not
2-15     earlier than the 10th day before the commencement of voir dire
2-16     serve written notice to the state of an intent to offer an alibi
2-17     defense; or
2-18                       (B)  the attorney for the accused serves notice
2-19     of an intent to offer an alibi defense within the period required
2-20     by Paragraph (A) but the attorney representing the state, not later
2-21     than the fifth day after receiving notice, serves written notice of
2-22     the contents of any statement the state intends to use to impeach
2-23     the testimony of the alibi witness.
2-24           SECTION 2.  The change in law made by this Act applies only
2-25     to an oral or sign language statement made on or after the
2-26     effective date of this Act.  A statement made before the effective
 3-1     date of this Act is covered by the law in effect when the statement
 3-2     was made, and the former law is continued in effect for that
 3-3     purpose.
 3-4           SECTION 3.  This Act takes effect September 1, 1999.
 3-5           SECTION 4.  The importance of this legislation and the
 3-6     crowded condition of the calendars in both houses create an
 3-7     emergency and an imperative public necessity that the
 3-8     constitutional rule requiring bills to be read on three several
 3-9     days in each house be suspended, and this rule is hereby suspended.