81R8207 SJM-D
 
  By: Jones H.B. No. 2510
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the admissibility of a statement made by an accused in a
  criminal case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2, Article 38.22, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 2.  No [written] statement made by an accused as a
  result of custodial interrogation is admissible as evidence against
  him in any criminal proceeding unless it is shown [on the face of
  the statement] that:
         (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 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; and
               (5)  he has the right to terminate the interview at any
  time; and
         (b)  the accused, prior to and during the making of the
  statement, knowingly, intelligently, and voluntarily waived the
  rights set out in the warning prescribed by Subsection (a) [of this
  section].
         SECTION 2.  Sections 3(a), (c), and (d), Article 38.22, Code
  of Criminal Procedure, are amended to read as follows:
         (a)  An [No] oral or sign language statement of an accused
  made as the [a] result of custodial interrogation is not [shall be]
  admissible against the accused in a criminal proceeding unless:
               (1)  the statement is made in compliance with the
  requirements of Section 2;
               (2)  the oral statement was heard or the sign language
  statement was witnessed by two or more persons;
               (3)  at least two of the persons described by
  Subdivision (2) have prepared a written memorandum of the contents
  of the statement within 48 hours after the time the statement was
  made, including the date, time, and place the statement was made;
  and
               (4)  the persons who prepared a written memorandum
  under Subdivision (3) swear before a magistrate that the date,
  time, and place of the memorandum are correct and that the
  memorandum accurately reflects the statement made by the accused
  [an electronic recording, which may include motion picture, video
  tape, or other visual recording, is made of the statement;
               [(2) prior to the statement but during the recording the
  accused is given the warning in Subsection (a) of Section 2 above
  and the accused knowingly, intelligently, and voluntarily waives
  any rights set out in the warning;
               [(3) the recording device was capable of making an
  accurate recording, the operator was competent, and the recording
  is accurate and has not been altered;
               [(4) all voices on the recording are identified; and
               [(5) not later than the 20th day before the date of the
  proceeding, the attorney representing the defendant is provided
  with a true, complete, and accurate copy of all recordings of the
  defendant made under this article].
         (c)  Subsection (a) does [of this section shall] not apply to
  any statement which contains assertions of facts or circumstances
  that are found to be true and which conduce to establish the guilt
  of the accused, such as the finding of secreted or stolen property
  or the instrument with which he states the offense was committed.
         (d)  If the accused is a deaf person, the accused's statement
  under Subsection (a) [Section 2 or Section 3(a) of this article] is
  not admissible against the accused unless the warning in Section 2
  [of this article] is interpreted to the deaf person by an
  interpreter who is qualified and sworn as provided in Article 38.31
  [of this code].
         SECTION 3.  Sections 3(b) and (e), Article 38.22, Code of
  Criminal Procedure, are repealed.
         SECTION 4.  The change in law made by this Act applies only
  to a statement made by an accused on or after the effective date of
  this Act. A statement made by an accused before the effective date
  of this Act is governed by the law in effect at the time the
  statement was made, and the former law is continued in effect for
  that purpose.
         SECTION 5.  This Act takes effect September 1, 2009.