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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 non-custodial interviews. |
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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 to read as follows: |
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Art. 2.32. ELECTRONIC RECORDING OF NON-CUSTODIAL |
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INTERVIEWS. (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 person |
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is interviewed, and continues until the time the questioning ceases |
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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 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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(4) A "qualified law enforcement agency" means a law |
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enforcement agency that employs peace officer as described by |
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Article 2.12 |
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(b) A non-custodial interview may occur in the field or |
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place of detention. |
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(c) A qualified law enforcement agency shall make an |
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electronic recording of all non-custodial interviews. |
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(d) An electronic recording of a non-custodial interview |
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that complies with this article is exempt from public disclosure |
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except as provided by Section 552.108, Government Code. |
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(e) A law enforcement agency otherwise required to make an |
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electronic recording of a non-custodial interview under this |
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article is excused from the duty to make the electronic recording |
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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; or |
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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. |
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SECTION 2. This Act takes effect September 1, 2017. |