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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of certain confessions in capital |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Article 38.22, Code of Criminal |
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Procedure, is amended by amending Subsection (a) and adding |
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Subsection (f) to read as follows: |
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(a) No oral or sign language statement of an accused made as |
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a result of custodial interrogation shall be admissible against the |
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accused in a criminal proceeding unless: |
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(1) an electronic recording[, which may include motion
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picture, video tape, or other visual recording,] is made of the |
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statement; |
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(2) prior to the statement but during the recording |
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the accused is given the warning in Subsection (a) of Section 2 |
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above and the accused knowingly, intelligently, and voluntarily |
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waives any rights set out in the warning; |
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(3) the recording device was capable of making an |
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accurate recording, the operator was competent, and the recording |
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is accurate and has not been altered; |
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(4) all voices on the recording are identified; and |
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(5) not later than the 20th day before the date of the |
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proceeding, the attorney representing the defendant is provided |
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with a true, complete, and accurate copy of all recordings of the |
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defendant made under this article. |
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(f) If the accused is charged with an offense other than a |
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capital offense, the electronic recording required by Subsection |
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(a) may consist of an audio recording or a motion picture, |
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videotape, or other visual recording. If the accused is charged |
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with a capital offense, the electronic recording must consist of a |
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motion picture, videotape, or other visual recording. |
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SECTION 2. This Act applies only to a statement made on or |
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after the effective date of this Act. A statement made before the |
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effective date of this Act is governed by the law in effect when the |
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statement was made, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |