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.