SRC-JEC H.B. 553 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 553
77R2824 KEL-DBy: Mowery (Armbrister)
Criminal Justice
5/8/2001
Engrossed


DIGEST AND PURPOSE 

A 1995 case against a child sexual abuse suspect was remanded because the
suspect's statement was not in compliance with Texas law regarding
statements.  The statement was made in Montana and complied with Montana
law.  Under current Texas law, one of the conditions of admissibility of a
suspect's statement made as a result of custodial interrogation is that the
statement be electronically recorded. Current law also requires strict
compliance with all requirements for the admissibility of a statement.
H.B. 553 provides that a statement is admissible in a criminal proceeding
in Texas if the statement was obtained in another state and was obtained in
compliance with the laws of that state or the statement was obtained by a
federal law enforcement officer and was obtained in compliance with the
laws of the United States.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 38.22, Code of Criminal Procedure, by adding
Section 8, as follows: 

Sec. 8.  Provides that, notwithstanding any other provision of this
article, a written, oral, or sign language statement of an accused made as
a result of a custodial interrogation is admissible against the accused in
a criminal proceeding in this state if the statement was obtained in
another state and was obtained in compliance with the laws of that state,
or the statement was obtained by a federal law enforcement officer in this
state or another state and was obtained in compliance with the laws of the
United States. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2001.