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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a magistrate to inform an arrested person |
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of consequences of a plea of guilty or nolo contendere. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.17(a), Code of Criminal Procedure, is |
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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 |
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before the magistrate in person or the image of the arrested person |
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may be presented to the magistrate by means of an electronic |
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broadcast system. The magistrate shall inform in clear language |
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the person arrested, either in person or through the electronic |
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broadcast system, of the accusation against him and of any |
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affidavit filed therewith, of his right to retain counsel, of his |
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right to remain silent, of his right to have an attorney present |
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during any interview with peace officers or attorneys representing |
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the state, of his right to terminate the interview at any time, and |
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of his right to have an examining trial. The magistrate shall |
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inform the person arrested that, if the person is not a citizen of |
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the United States of America, a plea of guilty or nolo contendere |
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for the offense charged may affect the person's immigration or |
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residency status and may result in deportation, the exclusion from |
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admission to this country, or the denial of naturalization under |
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federal law. The magistrate shall also inform the person arrested |
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of the person's right to request the appointment of counsel if the |
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person cannot afford counsel. The magistrate shall inform the |
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person arrested of the procedures for requesting appointment of |
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counsel. If the person does not speak and understand the English |
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language or is deaf, the magistrate shall inform the person in a |
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manner consistent with Articles 38.30 and 38.31, as |
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appropriate. The magistrate shall ensure that reasonable |
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assistance in completing the necessary forms for requesting |
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appointment of counsel is provided to the person at the same |
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time. If the person arrested is indigent and requests appointment |
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of counsel and if the magistrate is authorized under Article 26.04 |
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to appoint counsel for indigent defendants in the county, the |
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magistrate shall appoint counsel in accordance with Article |
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1.051. If the magistrate is not authorized to appoint counsel, the |
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magistrate shall without unnecessary delay, but not later than 24 |
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hours after the person arrested requests appointment of counsel, |
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transmit, or cause to be transmitted to the court or to the courts' |
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designee authorized under Article 26.04 to appoint counsel in the |
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county, the forms requesting the appointment of counsel. The |
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magistrate shall also inform the person arrested that he is not |
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required to make a statement and that any statement made by him may |
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be used against him. The magistrate shall allow the person |
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arrested reasonable time and opportunity to consult counsel and |
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shall, after determining whether the person is currently on bail |
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for a separate criminal offense, admit the person arrested to bail |
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if allowed by law. A recording of the communication between the |
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arrested person and the magistrate shall be made. The recording |
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shall be preserved until the earlier of the following dates: (1) |
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the date on which the pretrial hearing ends; or (2) the 91st day |
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after the date on which the recording is made if the person is |
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charged with a misdemeanor or the 120th day after the date on which |
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the recording is made if the person is charged with a felony. The |
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counsel for the defendant may obtain a copy of the recording on |
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payment of a reasonable amount to cover costs of reproduction. For |
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purposes of this subsection, "electronic broadcast system" 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 2. This Act takes effect September 1, 2015. |