| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the duties of a magistrate to inform an arrested person |
|
|
of consequences of a plea of guilty or nolo contendere. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 15.17(a), Code of Criminal Procedure, is |
|
|
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 an electronic broadcast |
|
|
system. The magistrate shall inform in clear language the person |
|
|
arrested, either in person or through 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 inform the |
|
|
person arrested that, if the person is not a citizen of the United |
|
|
States of America, a plea of guilty or nolo contendere for the |
|
|
offense charged may affect the person's immigration or residency |
|
|
status and may result in deportation, the exclusion from admission |
|
|
to this country, or the denial of naturalization under federal law. |
|
|
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 recording of the communication between |
|
|
the arrested person and the magistrate shall be made. The 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 recording is made if the person is |
|
|
charged with a misdemeanor or the 120th day after the date on which |
|
|
the 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, "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. |
|
|
SECTION 2. This Act takes effect September 1, 2015. |
|
|
|
|
|
* * * * * |