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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a magistrate to inform an arrested person |
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of consequences of a plea of guilty or nolo contendere. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.17(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) In each case enumerated in this Code, the person making |
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the arrest or the person having custody of the person arrested shall |
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without unnecessary delay, but not later than 48 hours after the |
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person is arrested, take the person arrested or have the person |
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arrested [him] taken before some magistrate of the county where the |
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person [accused] was arrested or, to provide more expeditiously to |
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the person arrested the warnings described by this article, before |
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a magistrate in any other county of this state. The person |
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arrested [person] may be taken before the magistrate in person or |
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the image of the person arrested [person] may be presented to the |
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magistrate by means of a videoconference. The magistrate shall |
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inform in clear language the person arrested, either in person or |
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through a videoconference, of the accusation against the person |
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[him] and [of] any affidavit filed therewith and of the person's |
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rights [, of his right] to retain counsel, [of his right] to remain |
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silent, [of his right] to have an attorney present during any |
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interview with peace officers or attorneys representing the state, |
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[of his right] to terminate the interview at any time, and [of his
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right] to have an examining trial. The magistrate shall inform the |
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person arrested that a plea of guilty or nolo contendere for the |
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offense charged may affect the person's eligibility for enlistment |
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or reenlistment in the United States armed forces or may result in |
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the person's discharge from the United States armed forces if the |
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person is a member of the armed forces. The magistrate shall also |
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inform the person arrested of the person's right to request the |
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appointment of counsel if the person cannot afford counsel. The |
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magistrate shall inform the person arrested of the procedures for |
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requesting appointment of counsel. If the person arrested does not |
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speak and understand the English language or is deaf, the |
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magistrate shall inform the person in a manner consistent with |
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Articles 38.30 and 38.31, as appropriate. The magistrate shall |
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ensure that reasonable assistance in completing the necessary forms |
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for requesting appointment of counsel is provided to the person at |
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the same time. If the person arrested is indigent and requests |
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appointment of counsel and if the magistrate is authorized under |
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Article 26.04 to appoint counsel for indigent defendants in the |
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county, the magistrate shall appoint counsel in accordance with |
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Article 1.051. If the magistrate is not authorized to appoint |
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counsel, the magistrate shall without unnecessary delay, but not |
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later than 24 hours after the person arrested requests appointment |
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of counsel, transmit, or cause to be transmitted to the court or to |
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the courts' designee authorized under Article 26.04 to appoint |
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counsel in the county, the forms requesting the appointment of |
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counsel. The magistrate shall also inform the person arrested that |
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the person [he] is not required to make a statement and that any |
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statement made by the person [him] may be used against the person |
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[him]. The magistrate shall allow the person arrested reasonable |
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time and opportunity to consult counsel and shall, after |
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determining whether the person is currently on bail for a separate |
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criminal offense, admit the person arrested to bail if allowed by |
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law. A record of the communication between the person arrested |
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[person] and the magistrate shall be made. The record shall be |
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preserved until the earlier of the following dates: (1) the date |
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on which the pretrial hearing ends; or (2) the 91st day after the |
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date on which the record is made if the person is charged with a |
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misdemeanor or the 120th day after the date on which the record is |
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made if the person is charged with a felony. For purposes of this |
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subsection, "videoconference" means a two-way electronic |
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communication of image and sound between the person arrested |
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[person] and the magistrate and includes secure Internet |
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videoconferencing. |
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SECTION 2. This Act takes effect September 1, 2019. |
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