By: Canales (Senate Sponsor - Hinojosa) H.B. No. 2090

(In the Senate - Received from the House May 10, 2013; May 10, 2013, read first time and referred to Committee on Criminal Justice; May 17, 2013, reported favorably by the following vote: Yeas 7, Nays 0; May 17, 2013, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to a written statement made by an accused as a result of custodial interrogation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1, Article 38.22, Code of Criminal Procedure, is amended to read as follows:

Sec. 1. In this article, a written statement of an accused means:

(1) [a statement signed by the accused or] a statement made by the accused in his own handwriting; or

(2) a statement made in a language the accused can read or understand that:

(A) is signed by the accused; or

(B) bears the mark of the accused, if the accused is unable to write and [, a statement bearing his mark, when] the mark is [has been] witnessed by a person other than a peace officer.

SECTION 2. 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 when the statement was made, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2013.

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