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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 non-custodial |
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interrogations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Articles 2.32 and 2.33 to read as follows: |
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ELECTRONIC RECORDING OF NON-CUSTODIAL INTERROGATIONS. |
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(a) In this article: |
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(1) "Non-custodial interview" means an investigative |
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interview for the purpose of gathering information in which the |
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suspect is not in custody as defined in 38.01 of the Penal Code. |
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(2) "Electronic recording" means an audio or |
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audiovisual electronic recording that begins at the time the |
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person is interviewed, and continues until the time the |
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questioning ceases or Miranda rights are given. |
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(3) "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 |
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sheriff's department, and is owned or operated by the law |
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enforcement agency for the purpose of detaining individuals in |
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connection with the suspected violation of a penal law. The term |
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does not include a courthouse. |
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(A) A non-custodial interview may occur in the |
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field or place of detention. |
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(B) A qualified law enforcement agency shall make |
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an electronic recording of all non-custodial interviews. |
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(C) An electronic recording of a non-custodial |
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interview that complies with this article is exempt from public |
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disclosure except as provided by Section 552.108, Government Code. |
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(D) A law enforcement agency otherwise required |
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to make an electronic recording of a non-custodial interview under |
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this article is excused from the duty to make the electronic |
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recording if: |
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(1) the accused refuses to respond to questioning or |
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cooperate in a non-custodial interview of which an electronic |
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recording is made, provided that: |
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(A) a contemporaneous recording of the refusal is |
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made; or |
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(B) the peace officer or agent of the law |
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enforcement agency conducting the interview attempts, in good |
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faith, to record the accused's refusal but the accused is unwilling |
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to have the refusal recorded, and the peace officer or agent |
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contemporaneously, in writing, documents the refusal; |
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(2) the statement was made spontaneously by the |
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accused and not in response to a question by a peace officer; |
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(3) the peace officer or agent of the law enforcement |
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agency conducting the non-custodial interview attempts, in good |
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faith, to record the interview, but the recording equipment does |
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not function and the officer or agent contemporaneously, in |
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writing, documents the reason why it is not possible to delay the |
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interview; or |
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SECTION 2. This Act takes effect September 1, 2017. |