Bill Text: TX SB815 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the creation and preservation of certain records of criminal proceedings.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [SB815 Detail]

Download: Texas-2019-SB815-Enrolled.html
 
 
  S.B. No. 815
 
 
 
 
AN ACT
  relating to the creation and preservation of certain records of
  criminal proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 15.17(a) and (f), Code of Criminal
  Procedure, are 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 him taken
  before some magistrate of the county where the 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 arrested person may be taken before
  the magistrate in person or the image of the 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 him and of any affidavit filed therewith, 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 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 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 he is not required to make a statement and that any statement
  made by him may be used against 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
  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 arrested person and
  the magistrate and includes secure Internet videoconferencing.
         (f)  A record required under Subsection (a) or (e) may
  consist of written forms, electronic recordings, or other
  documentation as authorized by procedures adopted in the county
  under Article 26.04(a).  The record must be retained in compliance
  with the applicable records retention schedule prepared by the
  director and librarian of the Texas State Library and Archives
  Commission under Section 441.158, Government Code.  The counsel for
  the defendant may obtain a copy of the record on payment of a
  reasonable amount to cover the costs of reproduction or, if the
  defendant is indigent, the court shall provide a copy to the
  defendant without charging a cost for the copy.
         SECTION 2.  Article 27.18, Code of Criminal Procedure, is
  amended by amending Subsection (d) and adding Subsection (h) to
  read as follows:
         (d)  A defendant who is confined in a county other than the
  county in which charges against the defendant are pending may use
  the videoconference method provided by this article [or by Article
  15.17] to enter a plea or waive a right in the court with
  jurisdiction over the case.
         (h)  For purposes of this article, "videoconference" means a
  two-way electronic communication of image and sound between the
  arrested person and the magistrate and includes secure Internet
  videoconferencing.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 815 passed the Senate on
  May 7, 2019, by the following vote:  Yeas 31, Nays 0;
  May 23, 2019, Senate refused to concur in House amendment and
  requested appointment of Conference Committee; May 23, 2019, House
  granted request of the Senate; May 26, 2019, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 815 passed the House, with
  amendment, on May 21, 2019, by the following vote:  Yeas 81,
  Nays 52, two present not voting; May 23, 2019, House granted
  request of the Senate for appointment of Conference Committee;
  May 26, 2019, House adopted Conference Committee Report by the
  following vote:  Yeas 102, Nays 39, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor
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