By: Watson	S.B. No. 361

	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.  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.