Amend Floor Amendment No. 1 to CSSB 22 by adding the following
Sections ____, ____ and ____ and renumbering subsequent Sections
accordingly:
SECTION ____. Article 14.06(a), Code of Criminal Procedure,
is amended as follows:
(a) Except as provided by Subsection (b), in each case
enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall take the person
arrested or have him taken without unnecessary delay, but not later
than 48 hours after the person is arrested, before the magistrate
who may have ordered the arrest, before some magistrate of the
county where the arrest was made without an order, before a
magistrate of another county that has entered into a written
contract to perform magistrate duties for the county where the
arrest was made, or, if necessary to provide more expeditiously to
the person arrested the warnings described by Article 15.17 of this
Code, before a magistrate in a county bordering the county where the
arrest was made. The magistrate shall immediately perform the
duties described in Article 15.17 of this Code.
SECTION ____. Article 15.17(a), Code of Criminal Procedure,
is amended as follows:
In each case enumerated in this Code, the person making the arrest
or the person having custody of the person arrested shall without
unnecessary delay, but not later than 48 hours after the person is
arrested, take the person arrested or have him taken before [some] a
magistrate [of the county where the accused was arrested or, if
necessary to provide more expeditiously to the person arrested the
warnings described by this article, before a magistrate in a county
bordering the county in which the arrest was made] listed in Article
14.06(a). The arrested person may be taken before the magistrate in
person or the image of the arrested person may be broadcast [by
closed circuit television] to the magistrate. The magistrate shall
inform in clear language the person arrested, either in person or by
[closed circuit television] an electronic system of communication
designed to prevent interception by third parties, of the
accusation against him and of any affidavit filed therewith, of his
right to retain counsel, of his right to remain silent, of his right
to have an attorney present during any interview with peace
officers or attorneys representing the state, of his right to
terminate the interview at any time, and of his right to have an
examining trial. The magistrate shall also inform the person
arrested of the person's right to request the appointment of
counsel if the person cannot afford counsel. The magistrate shall
inform the person arrested of the procedures for requesting
appointment of counsel. If the person does not speak and understand
the English language or is deaf, the magistrate shall inform the
person in a manner consistent with Articles 38.30 and 38.31, as
appropriate. The magistrate shall ensure that reasonable
assistance in completing the necessary forms for requesting
appointment of counsel is provided to the person at the same time.
If the person arrested is indigent and requests appointment of
counsel and if the magistrate is authorized under Article 26.04 to
appoint counsel for indigent defendants in the county, the
magistrate shall appoint counsel in accordance with Article 1.051.
If the magistrate is not authorized to appoint counsel, the
magistrate shall without unnecessary delay, but not later than 24
hours after the person arrested requests appointment of counsel,
transmit, or cause to be transmitted to the court or to the courts'
designee authorized under Article 26.04 to appoint counsel in the
county, the forms requesting the appointment of counsel. The
magistrate shall also inform the person arrested that he is not
required to make a statement and that any statement made by him may
be used against him. The magistrate shall allow the person arrested
reasonable time and opportunity to consult counsel and shall, after
determining whether the person is currently on bail for a separate
criminal offense, admit the person arrested to bail if allowed by
law. [A closed circuit television] An electronic communication
system may not be used under this subsection unless the system
provides for a two-way communication of image and sound between the
arrested person and any attorney who is present to represent the
arrested person at the time of magistration and the magistrate. A
recording of the communication between the arrested person and the
magistrate shall be made. The recording shall be preserved until
the earlier of the following dates: (1) the date on which the
pretrial hearing ends; or (2) the 91st day after the date on which
the recording is made if the person is charged with a misdemeanor or
the 120th day after the date on which the recording is made if the
person is charged with a felony. The counsel for the defendant may
obtain a copy of the recording on payment of a reasonable amount to
cover costs of reproduction.
SECTION ____. Article 15.18, Code of Criminal Procedure, is
amended by amending subsection (a) and adding subsection (c) to
read as follows:
(a) A person arrested under a warrant issued in a county
other than the one in which the person is arrested shall be taken
before a magistrate [of the county where the arrest takes place]
listed in Article 14.06(a) who shall:
(1) take bail, if allowed by law, and immediately
transmit the bond taken to the court having jurisdiction of the
offense; or
(2) in the case of a person arrested under warrant for
an offense punishable by fine only, accept a written plea of guilty
or nolo contendere, set a fine, determine costs, accept payment of
the fine and costs, give credit for time served, determine
indigency, or, on satisfaction of the judgment, discharge the
defendant, as the case may indicate.
(c) Under this Article, an arrested person may be taken
before a magistrate using an electronic communication system as
provided by Article 15.17. A recording of the communication
between the arrested person and the magistrate shall be made. The
recording shall be preserved until the earlier of the following
dates: (1) the date on which the pretrial hearing ends; or (2) the
91st day after the date on which the recording is made if the person
is charged with a misdemeanor or the 120th day after the date on
which the recording is made if the person is charged with a felony.
The counsel for the defendant may obtain a copy of the recording on
payment of a reasonable amount to cover costs of reproduction.