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A BILL TO BE ENTITLED
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AN ACT
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rel |
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ating to custodial interrogations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article, 38.22, Section 2, Code of Criminal |
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Procedure, is amended by adding subsection (c) to read as follows: |
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Sec. 2. No written statement made by an accused as a result |
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of custodial interrogation is admissible as evidence against him in |
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any criminal proceeding unless it is shown on the face of the |
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statement that: |
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(a) the accused, prior to making the statement, either |
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received from a magistrate the warning provided in Article 15.17 of |
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this code or received from the person to whom the statement is made |
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a warning that: |
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(1) he has the right to remain silent and not make any |
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statement at all and that any statement he makes may be used against |
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him at his trial; |
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(2) any statement he makes may be used as evidence |
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against him in court; |
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(3) he has the right to have a lawyer present to advise |
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him prior to and during any questioning; |
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(4) if he is unable to employ a lawyer, he has the |
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right to have a lawyer appointed to advise him prior to and during |
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any questioning; and |
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(5) he has the right to terminate the interview at any |
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time; and
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(b) the accused, prior to and during the making of the |
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statement, knowingly, intelligently, and voluntarily waived the |
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rights set out in the warning prescribed by Subsection (a) of this |
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section.; and |
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(c) the police did not employ any interrogation technique |
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that can be shown to result in false or unreliable confessions. |