By:  Ellis                                                        S.B. No. 1308


A BILL TO BE ENTITLED

AN ACT

relating to the right of an accused to be informed of their rights 
in a language they can understand.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2, Article 38.22(a), Code of Criminal 
Procedure, is amended to read as follows:
	(a)  the accused, prior to making the statement, either 
received from a magistrate the warning provided in Article 15.17 of 
this code or received from the person to whom the statement is made 
a warning, in a language the accused can understand, that:
		(1)  he has the right to remain silent and not make any 
statement at all and that any statement he makes may be used against 
him at his trial;
		(2)  any statement he makes may be used as evidence 
against him in court;   
		(3)  he has the right to have a lawyer present to advise 
him prior to and during any questioning;
		(4)  if he is unable to employ a lawyer, he has the 
right to have a lawyer appointed to advise him prior to and during 
any questioning;
		(5)  he has the right to terminate the interview at any 
time; and           
	SECTION 2.  Section 51.095(a)(1)(A), Family Code, is amended 
to read as follows:
	(a)  Notwithstanding Section 51.09, the statement of a child 
is admissible in evidence in any future proceeding concerning the 
matter about which the statement was given if:
		(1)  the statement is made in writing under a 
circumstance described by Subsection (d) and:
			(A)  the statement shows that the child has at 
some time before the making of the statement received from a 
magistrate a warning, in a language the child can understand, that:
				(i)  the child may remain silent and not make 
any statement at all and that any statement that the child makes may 
be used in evidence against the child;
				(ii)  the child has the right to have an 
attorney present to advise the child either prior to any 
questioning or during the questioning;
				(iii)  if the child is unable to employ an 
attorney, the child has the right to have an attorney appointed to 
counsel with the child before or during any interviews with peace 
officers or attorneys representing the state; and
				(iv)  the child has the right to terminate 
the interview at any time;     
	SECTION 3.  Article 38.22, Code of Criminal Procedure, as 
amended by this Act, and Section 51.095, Family Code, as amended by 
this Act, apply to the admissibility of a written, oral, or sign 
language statement that is made on or after the effective date of 
this Act.  A written, oral, or sign language statement that is make 
before the effective date of this Act is governed by the law in 
effect at the time that the statement was made, and that law is 
continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.