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.