By Lewis of Tarrant                                    H.B. No. 173
         77R1781 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, 2001.