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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic recording of certain statements made by |
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an accused as a result of custodial interrogation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.22, Code of Criminal Procedure, is |
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amended by amending Section 1 and adding Section 9 to read as |
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follows: |
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Sec. 1. In this article: |
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(1) "Place of detention" means a police station or |
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other building that is a place of operation for a law enforcement |
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agency, including a municipal police department or county sheriff's |
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department, and is owned or operated by the law enforcement agency |
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for the purpose of detaining individuals in connection with the |
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suspected violation of a penal law. The term does not include a |
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courthouse. |
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(2) "Written[, a written] statement of an accused" |
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means a statement signed by the accused or a statement made by the |
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accused in his own handwriting or, if the accused is unable to |
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write, a statement bearing his mark, when the mark has been |
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witnessed by a person other than a peace officer. |
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Sec. 9. (a) Each law enforcement agency shall adopt, |
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implement, and amend as necessary a detailed written policy |
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requiring that a visual recording by motion picture film, |
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videotape, or other electronic means be made of any statement made |
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as a result of a custodial interrogation if: |
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(1) the custodial interrogation is conducted in a |
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place of detention; or |
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(2) the custodial interrogation is conducted outside |
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of a place of detention, and the law enforcement agency has, at the |
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site of the interrogation, equipment described by this subsection |
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that is capable of electronically recording the interrogation. |
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(b) Evidence of compliance with a policy adopted under this |
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section or with the minimum requirements of this article concerning |
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the visual recording of a custodial interrogation is not a |
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condition precedent to the admissibility of a defendant's statement |
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under this article, another provision of this chapter, or another |
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law. |
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(c) Notwithstanding Article 38.23 as that article relates |
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to a violation of a state statute, a failure to make a visual |
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recording of a statement made as a result of a custodial |
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interrogation in substantial compliance with a policy adopted under |
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this section or with the minimum requirements of this article does |
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not prohibit the admission of the statement in the courts of this |
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state. |
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SECTION 2. The change in law made by this Act applies only |
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to the admissibility of a statement made by an accused on or after |
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the effective date of this Act. The admissibility of a statement |
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made by an accused before the effective date of this Act is governed |
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by the law in effect when the statement was made, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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