By:  Armbrister                                        S.B. No. 460
         99S0185/1                           
                                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 to read as follows:
 1-6           Sec. 3.  (a)  An [No] oral or sign language statement of an
 1-7     accused made as a result of custodial interrogation is [shall be]
 1-8     admissible against the accused in a criminal proceeding unless the
 1-9     admission of the statement would violate a provision of the
1-10     constitution or laws of the United States or of this state,
1-11     including the applicable rules of evidence[:]
1-12                 [(1)  an electronic recording, which may include motion
1-13     picture, video tape, or other visual recording, is made of the
1-14     statement;]
1-15                 [(2)  prior to the statement but during the recording
1-16     the accused is given the warning in Subsection (a) of Section 2
1-17     above and the accused knowingly, intelligently, and voluntarily
1-18     waives any rights set out in the warning;]
1-19                 [(3)  the recording device was capable of making an
1-20     accurate recording, the operator was competent, and the recording
1-21     is accurate and has not been altered;]
1-22                 [(4)  all voices on the recording are identified; and]
1-23                 [(5)  not later than the 20th day before the date of
1-24     the proceeding, the attorney representing the defendant is provided
 2-1     with a true, complete, and accurate copy of all recordings of the
 2-2     defendant made under this article].
 2-3           (b)  [Every electronic recording of any statement made by an
 2-4     accused during a custodial interrogation must be preserved until
 2-5     such time as the defendant's conviction for any offense relating
 2-6     thereto is final, all direct appeals therefrom are exhausted, or
 2-7     the prosecution of such offenses is barred by law.]
 2-8           [(c)  Subsection (a) of this section shall not apply to any
 2-9     statement which contains assertions of facts or circumstances that
2-10     are found to be true and which conduce to establish the guilt of
2-11     the accused, such as the finding of secreted or stolen property or
2-12     the instrument with which he states the offense was committed.]
2-13           [(d)]  If the accused is a deaf person, the accused's
2-14     statement under Section 2 or Section 3(a) of this article is not
2-15     admissible against the accused unless the warning in Section 2 of
2-16     this article is interpreted to the deaf person by an interpreter
2-17     who is qualified and sworn as provided in Article 38.31 of this
2-18     code.
2-19           [(e)  The courts of this state shall strictly construe
2-20     Subsection (a) of this section and may not interpret Subsection (a)
2-21     as making admissible a statement unless all requirements of the
2-22     subsection have been satisfied by the state, except that:]
2-23                 [(1)  only voices that are material are identified; and]
2-24                 [(2)  the accused was given the warning in Subsection
2-25     (a) of Section 2 above or its fully effective equivalent.]
2-26           SECTION 2.  The change in law made by this Act applies only
 3-1     to an oral or sign language statement made on or after the
 3-2     effective date of this Act.  A statement made before the effective
 3-3     date of this Act is covered by the law in effect when the statement
 3-4     was made, and the former law is continued in effect for that
 3-5     purpose.
 3-6           SECTION 3.  This Act takes effect September 1, 1999.
 3-7           SECTION 4.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.