By: Anchia, Blanco (Senate Sponsor - Watson) H.B. No. 929
         (In the Senate - Received from the House April 15, 2019;
  April 17, 2019, read first time and referred to Committee on
  Veteran Affairs & Border Security; May 10, 2019, reported
  favorably by the following vote:  Yeas 5, Nays 1; May 10, 2019, sent
  to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the duties of a magistrate to inform an arrested person
  of consequences of a plea of guilty or nolo contendere.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 15.17(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  In each case enumerated in this Code, the person making
  the arrest or the person having custody of the person arrested shall
  without unnecessary delay, but not later than 48 hours after the
  person is arrested, take the person arrested or have the person
  arrested [him] taken before some magistrate of the county where the
  person [accused] was arrested or, to provide more expeditiously to
  the person arrested the warnings described by this article, before
  a magistrate in any other county of this state.  The person
  arrested [person] may be taken before the magistrate in person or
  the image of the person arrested [person] may be presented to the
  magistrate by means of a videoconference.  The magistrate shall
  inform in clear language the person arrested, either in person or
  through a videoconference, of the accusation against the person
  [him] and [of] any affidavit filed therewith and of the person's
  rights [, of his right] to retain counsel, [of his right] to remain
  silent, [of his right] to have an attorney present during any
  interview with peace officers or attorneys representing the state,
  [of his right] to terminate the interview at any time, and [of his
  right] to have an examining trial. The magistrate shall inform the
  person arrested that a plea of guilty or nolo contendere for the
  offense charged may affect the person's eligibility for enlistment
  or reenlistment in the United States armed forces or may result in
  the person's discharge from the United States armed forces if the
  person is a member of the armed forces.  The magistrate shall also
  inform the person arrested of the person's right to request the
  appointment of counsel if the person cannot afford counsel.  The
  magistrate shall inform the person arrested of the procedures for
  requesting appointment of counsel.  If the person arrested does not
  speak and understand the English language or is deaf, the
  magistrate shall inform the person in a manner consistent with
  Articles 38.30 and 38.31, as appropriate.  The magistrate shall
  ensure that reasonable assistance in completing the necessary forms
  for requesting appointment of counsel is provided to the person at
  the same time.  If the person arrested is indigent and requests
  appointment of counsel and if the magistrate is authorized under
  Article 26.04 to appoint counsel for indigent defendants in the
  county, the magistrate shall appoint counsel in accordance with
  Article 1.051.  If the magistrate is not authorized to appoint
  counsel, the magistrate shall without unnecessary delay, but not
  later than 24 hours after the person arrested requests appointment
  of counsel, transmit, or cause to be transmitted to the court or to
  the courts' designee authorized under Article 26.04 to appoint
  counsel in the county, the forms requesting the appointment of
  counsel.  The magistrate shall also inform the person arrested that
  the person [he] is not required to make a statement and that any
  statement made by the person [him] may be used against the person
  [him].  The magistrate shall allow the person arrested reasonable
  time and opportunity to consult counsel and shall, after
  determining whether the person is currently on bail for a separate
  criminal offense, admit the person arrested to bail if allowed by
  law.  A record of the communication between the person arrested
  [person] and the magistrate shall be made.  The record shall be
  preserved until the earlier of the following dates:  (1) the date
  on which the pretrial hearing ends; or (2) the 91st day after the
  date on which the record is made if the person is charged with a
  misdemeanor or the 120th day after the date on which the record is
  made if the person is charged with a felony.  For purposes of this
  subsection, "videoconference" means a two-way electronic
  communication of image and sound between the person arrested
  [person] and the magistrate and includes secure Internet
  videoconferencing.
         SECTION 2.  This Act takes effect September 1, 2019.
 
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