By:  Ogden                                            S.B. No. 1807
         2001S1125/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the duties of a magistrate regarding the provision of
 1-3     bail for a person arrested for a criminal offense.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Article 15.17, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (a)  In each case enumerated in this Code, the person making
 1-8     the arrest shall without unnecessary delay take the person arrested
 1-9     or have him taken before some magistrate of the county where the
1-10     accused was arrested or, if necessary to provide more expeditiously
1-11     to the person arrested the warnings described by this article,
1-12     before a magistrate in a county bordering the county in which the
1-13     arrest was made.  The arrested person may be taken before the
1-14     magistrate in person or the image of the arrested person may be
1-15     broadcast by closed circuit television to the magistrate.  The
1-16     magistrate shall inform in clear language the person arrested,
1-17     either in person or by closed circuit television, of the accusation
1-18     against him and of any affidavit filed therewith, of his right to
1-19     retain counsel, of his right to remain silent, of his right to have
1-20     an attorney present during any interview with peace officers or
1-21     attorneys representing the state, of his right to terminate the
1-22     interview at any time, of his right to request the appointment of
1-23     counsel if he is indigent and cannot afford counsel, and of his
1-24     right to have an examining trial.  He shall also inform the person
1-25     arrested that he is not required to make a statement and that any
 2-1     statement made by him may be used against him.  The magistrate
 2-2     shall allow the person arrested reasonable time and opportunity to
 2-3     consult counsel and shall, after determining whether the person is
 2-4     currently on bail for a separate criminal offense, admit the person
 2-5     arrested to bail if allowed by law.  A closed circuit television
 2-6     system may not be used under this subsection unless the system
 2-7     provides for a two-way communication of image and sound between the
 2-8     arrested person and the magistrate.  A recording of the
 2-9     communication between the arrested person and the magistrate shall
2-10     be made.  The recording shall be preserved until the earlier of the
2-11     following dates:  (1) the date on which the pretrial hearing ends;
2-12     or (2) the 91st day after the date on which the recording is made
2-13     if the person is charged with a misdemeanor or the 120th day after
2-14     the date on which the recording is made if the person is charged
2-15     with a felony.  The counsel for the defendant may obtain a copy of
2-16     the recording on payment of a reasonable amount to cover costs of
2-17     reproduction.
2-18           SECTION 2.  (a)  The change in law made by this Act applies
2-19     only to a person arrested for an offense committed on or after the
2-20     effective date of this Act.  For purposes of this section, an
2-21     offense is committed before the effective date of this Act if any
2-22     element of the offense occurs before that date.
2-23           (b)  An offense committed before the effective date of this
2-24     Act is covered by the law in effect when the offense was committed,
2-25     and the former law is continued in effect for that purpose.
2-26           SECTION 3.  This Act takes effect September 1, 2001.