H.B. No. 3165

	AN ACT
	relating to certain pretrial procedures in criminal cases.
	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 [an
	electronic broadcast system].  The magistrate shall inform in clear
	language the person arrested, either in person or through a
	videoconference [the electronic broadcast system], 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 [recording] of the communication between the
	arrested person and the magistrate shall be made.  The record
	[recording] 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 [recording] is made if
	the person is charged with a misdemeanor or the 120th day after the
	date on which the record [recording] is made if the person is
	charged with a felony.  [The counsel for the defendant may obtain a
	copy of the recording on payment of a reasonable amount to cover
	costs of reproduction.] For purposes of this subsection,
	"videoconference" ["electronic broadcast system"] 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 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 15.21, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 15.21.  RELEASE ON PERSONAL BOND [PRISONER DISCHARGED]
	IF NOT TIMELY DEMANDED. If the proper office of the county where
	the offense is alleged to have been committed does not demand an
	[the] arrested person described by Article 15.19 and take charge of
	the arrested person before the 11th day after the date the person is
	committed to the jail of the county in which the person is arrested,
	a magistrate in the county where the person was arrested shall:
	(1)  release the arrested person on personal bond
	without sureties or other security; and
	(2)  forward the personal bond to:
	(A)  the sheriff of the county where the offense
	is alleged to have been committed; or
	(B)  the court that issued the warrant of arrest
	[the arrested person shall be discharged from custody].
	SECTION 3.  Section 5(a), Article 17.42, Code of Criminal
	Procedure, is amended to read as follows:
	(a)  A personal bond pretrial release office established
	under this article shall:
	(1)  prepare a record containing information about any
	accused person identified by case number only who, after review by
	the office, is released by a court on personal bond before
	sentencing in a pending case;
	(2)  update the record on a monthly basis; and
	(3)  file a copy of the record with the district or
	county clerk, as applicable based on court jurisdiction over the
	categories of offenses addressed in the records, in any county
	served by the office.
	SECTION 4.  Section 6(b), Article 17.42, Code of Criminal
	Procedure, is amended to read as follows:
	(b)  In preparing an annual report under Subsection (a), the
	office shall include in the report a statement of:
	(1)  the office's operating budget;
	(2)  the number of positions maintained for office
	staff;
	(3)  the number of accused persons who, after review by
	the office, were released by a court on personal bond before
	sentencing in a pending case; and
	(4)  the number of persons described by Subdivision
	(3):
	(A)  [who were convicted of the same offense or of
	any felony within the six years preceding the date on which charges
	were filed in the matter pending during the person's release;
	[(B)] who failed to attend a scheduled court
	appearance;
	(B) [(C)]  for whom a warrant was issued for the
	[person's] arrest of those persons for failure to appear in
	accordance with the terms of their [the person's] release; or
	(C) [(D)]  who, while released on personal bond,
	were arrested for any other offense in the same county in which the
	persons were released [while] on [the personal] bond.
	SECTION 5.  The heading to Article 27.18, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 27.18.  PLEA OR WAIVER OF RIGHTS BY VIDEOCONFERENCE
	[CLOSED CIRCUIT VIDEO TELECONFERENCING].
	SECTION 6.  Articles 27.18(a) and (b), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  Notwithstanding any provision of this code requiring
	that a plea or a waiver of a defendant's right be made in open court,
	a court may accept the plea or waiver by videoconference [broadcast
	by closed circuit video teleconferencing] to the court if:
	(1)  the defendant and the attorney representing the
	state file with the court written consent to the use of
	videoconference [closed circuit video teleconferencing];
	(2)  the videoconference [closed circuit video
	teleconferencing system] provides for a simultaneous, compressed
	full motion video, and interactive communication of image and sound
	between the judge, the attorney representing the state, the
	defendant, and the defendant's attorney; and
	(3)  on request of the defendant, the defendant and the
	defendant's attorney are able to communicate privately without
	being recorded or heard by the judge or the attorney representing
	the state.
	(b)  On motion of the defendant or the attorney representing
	the state or in the court's discretion, the court may terminate an
	appearance by videoconference [closed circuit video
	teleconferencing] at any time during the appearance and require an
	appearance by the defendant in open court.
	SECTION 7.  Article 27.18(c), Code of Criminal Procedure, as
	amended by Chapters 1341 (S.B. 1233) and 1031 (H.B. 2847), Acts of
	the 82nd Legislature, Regular Session, 2011, is reenacted and
	amended to read as follows:
	(c)  A record of the communication shall be made by a court
	reporter or by electronic recording and preserved by the court
	reporter or by electronic recording until all appellate proceedings
	have been disposed of. A court reporter or court recorder is not
	required to transcribe or make a duplicate electronic [separate]
	recording of a plea taken under this article unless an appeal is
	taken in the case and a party requests a transcript.
	SECTION 8.  Article 27.18(c-1), Code of Criminal Procedure,
	as added by Chapter 1341 (S.B. 1233), Acts of the 82nd Legislature,
	Regular Session, 2011, is amended to read as follows:
	(c-1)  The defendant may obtain a copy of the record,
	including any electronic [a] recording, [made under Subsection (c)]
	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 9.  Articles 27.18(c-2) and (d), Code of Criminal
	Procedure, are amended to read as follows:
	(c-2)  The loss or destruction of or failure to create a
	court record or an electronic [make a video] recording of a plea
	entered under this article is not alone sufficient grounds for a
	defendant to withdraw the defendant's plea or to request the court
	to set aside a conviction, sentence, or plea.
	(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 [teleconferencing] method provided by this
	article or by [the electronic broadcast system authorized in]
	Article 15.17 to enter a plea or waive a right in the court with
	jurisdiction over the case.
	SECTION 10.  Article 27.18(c-1), Code of Criminal Procedure,
	as added by Chapter 1031 (H.B. 2847), Acts of the 82nd Legislature,
	Regular Session, 2011, is repealed.
	SECTION 11.  Article 15.17, Code of Criminal Procedure, as
	amended by this Act, applies to an arrested person brought before a
	magistrate on or after the effective date of this Act, regardless of
	whether the offense for which the person was arrested was committed
	before, on, or after that date.
	SECTION 12.  Article 15.21, Code of Criminal Procedure,
	applies only to a person who is arrested on or after the effective
	date of this Act. A person arrested before the effective date of
	this Act is governed by the law in effect on the date the person was
	arrested, and the former law is continued in effect for that
	purpose.
	SECTION 13.  Article 27.18, Code of Criminal Procedure, as
	amended by this Act, applies to a plea of guilty or nolo contendere
	entered on or after the effective date of this Act, regardless of
	whether the offense with reference to which the plea is entered is
	committed before, on, or after that date.
	SECTION 14.  This Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3165 was passed by the House on May 3,
	2017, by the following vote:  Yeas 145, Nays 1, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 3165 on May 26, 2017, by the following vote:  Yeas 145, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3165 was passed by the Senate, with
	amendments, on May 23, 2017, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor