TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S O'Brien, Director, Legislative Budget Board |
IN RE: | HB219 by Gallego (Relating to the electronic recording and admissibility of certain custodial interrogations.), As Introduced |
The bill would amend the Code of Criminal Procedure to require the recording of a custodial interrogation of a criminal suspect by any law enforcement agency of the state, county, municipality, or other political subdivision. The bill would provide exceptions to a recording if deemed infeasible as defined by the provisions. A law enforcement agency would be required to preserve an electronic recording until a specified time.
The bill would also require the attorney representing the state to provide a copy of the recording to a defendant not later than the 60th day prior to a trial. A recording or absence of a recording could be admissible evidence in a trial.
The Department of Public Safety (DPS) reported there would be no fiscal impact to the agency to implement the provisions of the bill.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety
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LBB Staff: | JOB, ESi, TP
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