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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and preservation of certain records of |
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criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 15.17(a) and (f), Code of Criminal |
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Procedure, are 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 him taken |
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before some magistrate of the county where the accused was arrested |
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or, to provide more expeditiously to the person arrested the |
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warnings described by this article, before a magistrate in any |
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other county of this state. The arrested person may be taken before |
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the magistrate in person or the image of the arrested person may be |
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presented to the magistrate by means of a videoconference. The |
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magistrate shall inform in clear language the person arrested, |
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either in person or through a videoconference, of the accusation |
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against him and of any affidavit filed therewith, of his right to |
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retain counsel, of his right to remain silent, of his right to have |
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an attorney present during any interview with peace officers or |
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attorneys representing the state, of his right to terminate the |
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interview at any time, and of his right to have an examining trial. |
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The magistrate shall also inform the person arrested of the |
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person's right to request the appointment of counsel if the person |
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cannot afford counsel. The magistrate shall inform the person |
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arrested of the procedures for requesting appointment of counsel. |
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If the person does not speak and understand the English language or |
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is deaf, the magistrate shall inform the person in a manner |
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consistent with Articles 38.30 and 38.31, as appropriate. The |
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magistrate shall ensure that reasonable assistance in completing |
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the necessary forms for requesting appointment of counsel is |
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provided to the person at the same time. If the person arrested is |
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indigent and requests appointment of counsel and if the magistrate |
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is authorized under Article 26.04 to appoint counsel for indigent |
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defendants in the county, the magistrate shall appoint counsel in |
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accordance with Article 1.051. If the magistrate is not authorized |
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to appoint counsel, the magistrate shall without unnecessary delay, |
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but not later than 24 hours after the person arrested requests |
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appointment of counsel, transmit, or cause to be transmitted to the |
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court or to the courts' designee authorized under Article 26.04 to |
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appoint counsel in the county, the forms requesting the appointment |
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of counsel. The magistrate shall also inform the person arrested |
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that he is not required to make a statement and that any statement |
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made by him may be used against him. The magistrate shall allow the |
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person arrested reasonable time and opportunity to consult counsel |
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and shall, after determining whether the person is currently on |
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bail for a separate criminal offense, admit the person arrested to |
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bail if allowed by law. A record of the communication between the |
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arrested person and the magistrate shall be made. [The record shall
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be 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 arrested person and |
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the magistrate and includes secure Internet videoconferencing. |
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(f) A record required under Subsection (a) or (e) may |
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consist of written forms, electronic recordings, or other |
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documentation as authorized by procedures adopted in the county |
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under Article 26.04(a). The record must be retained in compliance |
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with the applicable records retention schedule prepared by the |
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director and librarian of the Texas State Library and Archives |
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Commission under Section 441.158, Government Code. The counsel for |
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the defendant may obtain a copy of the record on payment of a |
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reasonable amount to cover the costs of reproduction or, if the |
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defendant is indigent, the court shall provide a copy to the |
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defendant without charging a cost for the copy. |
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SECTION 2. Article 27.18, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsection (h) to |
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read as follows: |
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(d) A defendant who is confined in a county other than the |
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county in which charges against the defendant are pending may use |
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the videoconference method provided by this article [or by Article
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15.17] to enter a plea or waive a right in the court with |
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jurisdiction over the case. |
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(h) For purposes of this article, "videoconference" means a |
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two-way electronic communication of image and sound between the |
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arrested person and the magistrate and includes secure Internet |
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videoconferencing. |
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SECTION 3. This Act takes effect September 1, 2019. |