By Garcia                                             H.B. No. 2257
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to mandatory advance warning of detainment by a peace
 1-3     officer.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  SHORT TITLE. This Act may be cited as "The Texas
 1-6     'Pre-Miranda Detainment Warning' Act of 2001."
 1-7           SECTION 2.  REQUIRED STATEMENT--ENGLISH VERSION. Whenever a
 1-8     peace officer stops and detains a person, the peace officer must,
 1-9     in a normal and audible voice, orally state:  "My name is (here the
1-10     peace officer must identify himself or herself, as well as identify
1-11     the law enforcement agency with which the peace officer is
1-12     affiliated, to the person being detained) You are not, at this
1-13     time, under arrest.  You are merely being temporarily detained for
1-14     (here state the reason or reasons for the temporary detainment).
1-15     You are not required to continue this conversation with me nor are
1-16     you required to permit me to search you, or to search any
1-17     possession of yours, or to search any motor vehicle that you may be
1-18     operating or riding in.  There is a possibility that you and I are
1-19     currently being audio-recorded and video-recorded.  You are at
1-20     liberty to leave right now without further communication with me.
1-21     However, if you choose to continue this conversation, anything that
1-22     you say can be used against you to justify further detainment, to
 2-1     justify search, to justify seizure, or to justify arresting you--
 2-2     as well as potentially being used against you as evidence in a
 2-3     court of law.  And if you choose to grant me permission to search
 2-4     your person, to search your property, or to search any motor
 2-5     vehicle that you may be operating or riding in, any item or items
 2-6     found as a result of such searching may be used to justify further
 2-7     detainment, to justify additional searching, to justify seizure, or
 2-8     to justify arresting you--as well as potentially being used against
 2-9     you as evidence in a court of law."  That statement having been
2-10     completely read to the detainee, the peace officer may then proceed
2-11     to attempt continued conversation with the detainee.
2-12           SECTION 3.  REQUIRED STATEMENT--SPANISH VERSION. If the
2-13     detainee is Spanish-speaking--and not proficient in the English
2-14     language--and if the peace officer is fluent in the Spanish
2-15     language, the peace officer may orally deliver the required
2-16     statement entirely in Spanish.  Otherwise, the peace officer must
2-17     present to the detainee a pre-printed version of the required
2-18     statement, in Spanish, and must allow the detainee not less than
2-19     five minutes to read the written statement.  The detainee may
2-20     permanently retain possession of the pre-printed Spanish version.
2-21     If the detainee is neither fluent in English nor in Spanish, the
2-22     peace officer shall make a good-faith effort to determine the most
2-23     suitable means of communication with the detainee and may enlist
2-24     the assistance of other persons to advance that objective.
2-25           SECTION 4.  EFFECTIVE DATE OF ACT. This Act shall take effect
2-26     immediately if it receives a vote of two-thirds, or greater, of all
 3-1     members elected to each house, as provided by Article III, Section
 3-2     39, Texas Constitution.  If this Act does not receive the minimum
 3-3     vote necessary for immediate effect, then this Act shall instead
 3-4     take effect September 1, 2001.