Bill Text: TX SB361 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the duties of a magistrate to inform an arrested person of consequences of a plea of guilty or nolo contendere.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-15 - Statement(s) of vote recorded in Journal [SB361 Detail]
Download: Texas-2013-SB361-Engrossed.html
| By: Watson | S.B. No. 361 | |
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| 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. Subsection (a), Article 15.17, 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, 2013. | ||
