Bill Text: TX HB4188 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the electronic recording of non-custodial interviews.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Criminal Jurisprudence [HB4188 Detail]
Download: Texas-2017-HB4188-Introduced.html
| By: Collier | H.B. No. 4188 | |
|
|
||
|
|
||
| relating to the electronic recording of non-custodial interviews. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Articles 2.32 to read as follows: | ||
| Art. 2.32. ELECTRONIC RECORDING OF NON-CUSTODIAL | ||
| INTERVIEWS. (a) In this article: | ||
| (1) "Non-custodial interview" means an investigative | ||
| interview for the purpose of gathering information in which the | ||
| suspect is not in custody as defined in 38.01 of the Penal Code. | ||
| (2) "Electronic recording" means an audio or | ||
| audiovisual electronic recording that begins at the time the person | ||
| is interviewed, and continues until the time the questioning ceases | ||
| or Miranda rights are given. | ||
| (3) "Place of detention" means a police station or | ||
| other building that is a place of operation for a law enforcement | ||
| agency, including a municipal police department or county sheriff's | ||
| department, and is owned or operated by the law enforcement agency | ||
| for the purpose of detaining individuals in connection with the | ||
| suspected violation of a penal law. The term does not include a | ||
| courthouse. | ||
| (4) A "qualified law enforcement agency" means a law | ||
| enforcement agency that employs peace officer as described by | ||
| Article 2.12 | ||
| (b) A non-custodial interview may occur in the field or | ||
| place of detention. | ||
| (c) A qualified law enforcement agency shall make an | ||
| electronic recording of all non-custodial interviews. | ||
| (d) An electronic recording of a non-custodial interview | ||
| that complies with this article is exempt from public disclosure | ||
| except as provided by Section 552.108, Government Code. | ||
| (e) A law enforcement agency otherwise required to make an | ||
| electronic recording of a non-custodial interview under this | ||
| article is excused from the duty to make the electronic recording | ||
| if: | ||
| (1) the accused refuses to respond to questioning or | ||
| cooperate in a non-custodial interview of which an electronic | ||
| recording is made, provided that: | ||
| (A) a contemporaneous recording of the refusal is | ||
| made; or | ||
| (B) the peace officer or agent of the law | ||
| enforcement agency conducting the interview attempts, in good | ||
| faith, to record the accused's refusal but the accused is unwilling | ||
| to have the refusal recorded, and the peace officer or agent | ||
| contemporaneously, in writing, documents the refusal; | ||
| (2) the statement was made spontaneously by the | ||
| accused and not in response to a question by a peace officer; or | ||
| (3) the peace officer or agent of the law enforcement | ||
| agency conducting the non-custodial interview attempts, in good | ||
| faith, to record the interview, but the recording equipment does | ||
| not function and the officer or agent contemporaneously, in | ||
| writing, documents the reason why it is not possible to delay the | ||
| interview. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
