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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic recording of certain custodial |
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interrogations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Articles 2.32 and 2.33 to read as follows: |
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Art. 2.32. ELECTRONIC RECORDING OF CUSTODIAL |
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INTERROGATIONS. (a) In this article: |
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(1) "Custodial interrogation" means any investigative |
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questioning, other than routine questions associated with booking, |
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by a peace officer during which: |
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(A) a reasonable person in the position of the |
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person being interrogated would consider himself or herself to be |
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in custody; and |
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(B) a question is asked that is reasonably likely |
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to elicit an incriminating response. |
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(2) "Electronic recording" means an audio or |
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audiovisual electronic recording of a custodial interrogation that |
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begins at or before the time the person being interrogated receives |
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a warning described by Section 2(a), Article 38.22, and continues |
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until the time the interrogation ceases. |
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(3) "Place of detention" means a police station or |
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other building that is a place of operation for a law enforcement |
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agency, including a municipal police department or county sheriff's |
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department, and is owned or operated by the law enforcement agency |
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for the purpose of detaining individuals in connection with the |
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suspected violation of a penal law. The term does not include a |
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courthouse. |
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(b) A law enforcement agency qualified under Article 2.33 to |
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conduct a custodial interrogation of the offense shall make an |
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electronic recording of any custodial interrogation that occurs in |
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a place of detention and is of a person suspected of committing or |
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charged with the commission of an offense under: |
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(1) Section 19.02, Penal Code (murder); |
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(2) Section 19.03, Penal Code (capital murder); |
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(3) Section 20.03, Penal Code (kidnapping); |
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(4) Section 20.04, Penal Code (aggravated |
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kidnapping); |
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(5) Section 20A.02, Penal Code (trafficking of |
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persons); |
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(6) Section 20A.03, Penal Code (continuous |
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trafficking of persons); |
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(7) Section 21.02, Penal Code (continuous sexual abuse |
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of young child or children); |
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(8) Section 21.11, Penal Code (indecency with a |
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child); |
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(9) Section 21.12, Penal Code (improper relationship |
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between educator and student); |
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(10) Section 22.011, Penal Code (sexual assault); |
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(11) Section 22.021, Penal Code (aggravated sexual |
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assault); or |
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(12) Section 43.25, Penal Code (sexual performance by |
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a child). |
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(c) For purposes of Subsection (b), an electronic recording |
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of a custodial interrogation is complete only if the recording |
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begins at or before the time the person being interrogated receives |
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a warning described by Section 2(a), Article 38.22, and continues |
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until the time the interrogation ceases. |
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(d) A recording of a custodial interrogation that complies |
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with this article is exempt from public disclosure except as |
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provided by Section 552.108, Government Code. |
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(e) A law enforcement agency otherwise required to make an |
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electronic recording of a custodial interrogation under this |
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article is excused from the duty to make the electronic recording if |
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the law enforcement agency has good cause. For purposes of this |
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subsection, "good cause" includes: |
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(1) the accused refused to respond to questioning or |
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cooperate in a custodial interrogation of which an electronic |
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recording was made, provided that: |
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(A) a contemporaneous recording of the refusal |
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was made; or |
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(B) the peace officer or agent of the law |
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enforcement agency conducting the interrogation attempted, in good |
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faith, to record the accused's refusal but the accused was |
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unwilling to have the refusal recorded, and the peace officer or |
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agent contemporaneously, in writing, documented the refusal; |
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(2) the statement was not made exclusively as the |
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result of a custodial interrogation, including a statement that was |
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made spontaneously by the accused and not in response to a question |
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by a peace officer; |
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(3) the peace officer or agent of the law enforcement |
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agency conducting the interrogation attempted, in good faith, to |
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record the interrogation but the recording equipment did not |
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function, the officer or agent inadvertently operated the equipment |
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incorrectly, or the equipment malfunctioned or stopped operating |
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without the knowledge of the officer or agent; |
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(4) exigent public safety concerns prevented or |
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rendered infeasible the making of an electronic recording of the |
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custodial interrogation; or |
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(5) the peace officer or agent of the law enforcement |
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agency conducting the interrogation reasonably believed at the time |
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the interrogation commenced that the accused interrogated was not |
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taken into custody for or being interrogated concerning the |
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commission of an offense listed in Subsection (b). |
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Art. 2.33. LAW ENFORCEMENT AGENCIES QUALIFIED TO CONDUCT |
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CERTAIN CUSTODIAL INTERROGATIONS. Only a law enforcement agency |
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that employs peace officers described by Subdivision (1), (2), (3), |
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(4), (5), (6), (7), (8), or (30), Article 2.12, is qualified to |
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conduct a custodial interrogation of an individual suspected of |
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committing an offense listed in Article 2.32(b). |
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SECTION 2. This Act takes effect September 1, 2015. |